Enforcement of national penalties - fines


Ghana - Criminal Procedure Code 1960 (2003) EN


Different Kinds of Punishment

Section 297 Rules Relating to Fines.
(1) Where a person is convicted of any felony or misdemeanour or any offence punishable by i (other than an offence for which the sentence is fixed by law) the Court may, in its discretion, sente fine in addition to or in lieu of any other punishment to which he is liable.
(2) Where the amount of the fine which a person may be sentenced to pay upon conviction is n limited, the amount of fine shall, subject to any limitations on the powers of the Court, be in the disc Court, but shall not be excessive.
(3) Where a person convicted of any offence is sentenced to pay a fine the Court may direct that if he it within the time appointed for payment (which may be either forthwith or within a specified time, a thinks fit) he shall suffer imprisonment until it is paid. Such imprisonment shall be in addition to any i to which is sentenced for his offence; and, in the case of a felony or misdemeanour, shall not amended by the Criminal Procedure Code (Amendment) Act, (Act 633), s. (23)]
(4) In any case where a fine has been imposed, either by a Court exercising summary jurisdiction or indictment, if, before the expiration of the term of imprisonment fixed in default of payment, such a p the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than to the part of the fine still unpaid, the imprisonment shall terminate.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.