Section 87 Principle

(1) Assistance in matters relating to the enforcement of judgments which is rendered to another Member State in accordance with the provisions of Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ L 76, 22.3.2005, p. 16), as amended by Framework Decision 2009/299/JHA (OJ L 81, 27.3.2009, p. 24) (Framework Decision on Financial Penalties), is governed by the provisions of this Subdivision. The provisions of Part 4 only apply where explicit reference is made to them in the following.

(2) Assistance in matters relating to the enforcement of judgments may be rendered by way of enforcement of a financial penalty imposed on the person concerned by final decision if that financial penalty is based on a decision given by
1. a court in the requesting Member State for an offence which is punishable under its law,
2. a non-judicial agency in the requesting Member State for an offence which is punishable under its law, insofar as recourse was open to a court which also has jurisdiction in criminal matters in respect of that decision,
3. a non-judicial agency in the requesting Member State for an offence which can be prosecuted under its law as a regulatory offence, insofar as recourse was open to a court which also has jurisdiction in criminal matters in respect of that decision or
4. a court in the requesting Member State which also has jurisdiction in criminal matters in respect of a decision in accordance with no. 3.

(3) ʻFinancial penaltyʼ within the meaning of subsection (2) means the obligation to pay
1. a sum of money for a criminal or regulatory offence,
2. the costs of proceedings imposed in addition to a sanction as referred to in no. 1,
3. compensation imposed in addition to a sanction as referred to in no. 1 for the benefit of the victim if the victim was not permitted to assert any civil-law claims in the proceedings in the requesting Member State and a court was acting in the exercise of its jurisdiction in criminal matters or
4. a sum of money to a public fund or to a victim support organisation imposed in addition to a sanction as referred to in no. 1.

Orders for confiscation and orders of a civil-law nature arising out of claims for compensation and actions for restitution of the status quo ante and which are enforceable in accordance with Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1) are not financial penalties.


Section 87a Enforcement documentation

Enforcement of a financial penalty is only permissible if the following documentation has been submitted:
1. the original of the decision to be enforced or a certified copy thereof,
2. the original of the certificate corresponding to the form in the Annex to the Framework Decision on Financial Penalties which has been completed and signed by the competent authority in the requesting state.

Part 4 Mutual Assistance through the Execution of Decisions and Orders of the Court

§ 43 Enforcement of Monetary Fines
(relating to Article 77 para. 2(a), Article 109 para. 1 of the Rome Statute)

(1) Monetary fines shall be enforced when:
1. requested by the Court upon presentation of a complete final and enforceable
court ruling on guilt and punishment, and
2. the request states up to which amount the monetary fine is to be enforced domestically insofar as the Court has requested enforcement of monetary fines from more than one state.
To the extent that the monetary fine to be enforced is stated in a currency other than Euro, the exchange rate officially set on the day of receipt of the request shall be used for the conversion.

(2) The Court-Fee Collection Ordinance (Justizbeitreibungsordnung) applies to the enforcement of monetary fines as far as this law does not otherwise provide.

(3) The fine is due upon receipt of the request. For interpretation of the rulings on guilt or sentencing, the calculation of the imposed penalty, objections to the permissibility of the enforcement of the penalty, or when under German law the prerequisites of § 459a of the Criminal Procedure Code would be met, a decision of the Court shall be obtained. The progress of the enforcement shall not be inhibited hereby; the office responsible pursuant to § 46 para. 2 may, however, postpone or suspend the enforcement. A continuation of enforcement at a later point in time shall be ensured by appropriate measures; to this end, a search of the convicted person, his living quarters and possessions, as well as the confiscation of objects, is allowed.

(4) § 459b and 459c para. 2 and 3 of the Criminal Procedure Code apply mutatis mutandis. The result of the enforcement shall be reported to the Court and the fine collected shall be transferred to it.

(5) To the extent the Court, because of the uncollectability of a monetary fine, lengthens the imposed detention based upon a criminal act in Article 5 of the Rome Statute or, because of the uncollectability of an imposed monetary fine based upon a criminal act as set forth in Article 70 para. 1 of the Rome Statute, imposes a prison sentence, §§ 41 and 42 apply to the enforcement of the prison sentence.

Part 4 Mutual Assistance through the Execution of Decisions and Orders of the Court

§ 46 Jurisdiction, Appeal to the Federal Supreme Court, Legal Assistance

(2) Jurisdiction for the enforcement of monetary fines per § 43 and Restitution Orders per § 45 lies with the public prosecution office attached to the Higher Regional Court in whose district the convicted person has his legal residence or, in the absence thereof, where he habitually resides. If the legal or habitual residence cannot be determined, jurisdiction lies with the public prosecution office attached to the Higher Regional Court in whose district objects belonging to the convicted person are situated. If objects are situated in the districts of different Higher Regional Courts, jurisdiction is determined based upon which public prosecution office was first involved in the matter. For as long as jurisdiction under sentences 1-3 cannot be determined, jurisdiction is determined by the seat of the federal government. The necessary judicial orders shall be made by the Higher Regional Court. Rulings by the Higher Regional Court are non-appealable.

GENERAL PART

CHAPTER THREE
SANCTIONS

FIRST TITLE
PENALTIES
—Fine—

Section 40
Day fine units

(1) A fine shall be imposed in daily units. The minimum fine shall consist of five and, unless the law provides otherwise, the maximum shall consist of three hundred and sixty full daily units.
(2) The court shall determine the amount of the daily unit taking into consideration the personal and financial circumstances of the offender. In doing so, it shall typically base its calculation on the actual average one-day net income of the offender or the average income he could achieve in one day. A daily unit shall not be set at less than one and not at more than thirty thousand euros.
(3) The income of the offender, his assets and other relevant assessment factors may be estimated when setting the amount of a daily unit.
(4) The number and amount of the daily units shall be indicated in the decision.

Section 41
Fines in addition to imprisonment

If the offender through the commission of the offence enriched or tried to enrich himself, a fine which otherwise would not have been provided for or only in the alternative may be imposed in addition to imprisonment if this appears appropriate taking into consideration the personal and financial circumstances of the offender. This does not apply if the court imposes an order pursuant to section 43a.

Section 42
Allowing time for payment; instalments

If a convicted offender, due to his personal or financial circumstances, cannot be expected to pay the full fine immediately, the court shall allow a certain time for payment or allow payment in specified instalments. The court may also order that the privilege of paying the fine in fixed instalments will be revoked if the convicted offender fails to pay an instalment in time. The court shall also allow for such conditions of payment if without them the restitution by the offender of any damage caused by the offence were to be substantially impaired; the court may require the offender to present proof of restitution.

Section 111b
Seizure to secure confiscation or rendering unusable of object

(1) If it is reasonable to assume that the conditions for the confiscation or rendering unusable of an object are met, the object may be seized to secure enforcement. If there are cogent reasons justifying this assumption, such seizure is, as a rule, to be ordered. Section 94 (3) remains unaffected.

(2) Sections 102 to 110 apply accordingly.

Section 111e
Asset seizure to secure confiscation of equivalent sum of money

(1) If it is reasonable to assume that the conditions for confiscation of the equivalent sum of money are met, seizure of the person concerned’s movable and immovable assets may be ordered to secure enforcement. If there are cogent reasons justifying this assumption, such asset seizure is, as a rule, to be ordered.

(2) Asset seizure may also be ordered to secure enforcement of a fine and the anticipated costs of the criminal proceedings where a judgment or summary penalty order has been made against the accused.

(3) Seizure is not effected to secure the costs of enforcement.

(4) The claim to be secured, including the amount of money, must be designated in the order. In addition, the order must indicate a sum of money which the person concerned may deposit in order to avert enforcement of and demand the setting aside of the seizure; section 108 (1) of the Code of Civil Procedure applies accordingly.

(5) Sections 102 to 110 apply accordingly.

(6) The possibility of issuing an order pursuant to section 324 of the Fiscal Code poses no obstacle to the issuing of an order pursuant to subsection (1).