Enforcement of fines

Guyana

Guyana - Criminal Law (Offences) Act 1894 (2005) EN

PART I
GENERAL PROVISIONS

TITLE 2
Punishments

12. Rules relating to infliction of fines.

(1) The Court may, in its discretion, sentence any person convicted before it of an indictable offence, not being an indictable offence punishable with death, to a fine, in addition to any other punishment to which he is sentenced.

(2) Where the amount of the fine which a person may be sentenced to pay on conviction for an indictable offence is not expressly limited by law, the amount of fine to which he may be sentenced shall be in the discretion of the Court but shall not be excessive.

(3) Where any person convicted of an indictable offence is sentenced to pay a fine the Court shall, by its sentence, direct that if the person fails to pay the fine at the time appointed for the payment thereof he shall be imprisoned for the period, not exceeding one-fourth of the maximum term of imprisonment to which he might be sentenced for that offence, and not exceeding in any case one year, the Court thinks fit, unless the fine is sooner paid. Any imprisonment to which any person is sentenced and becomes subject under this subsection shall commence at the expiration of the imprisonment to which he is sentenced for his offence.

13. Power to award compensation to person injured.

The Court may, in its discretion, sentence any person convicted before it of an indictable offence to make compensation to any person who suffers any injury (including loss of or damage to his property) as a result of the commission of the offence ; and any sum so adjudged shall be regarded and dealt with in all respects as if it were a sum awarded by a judgment of the High Court acting in the exercise of its civil jurisdiction :
Provided that where the sentence is in respect of an offence committed prior to the coming into operation of this section the compensation shall not exceed that which the court could have awarded at the time of the commission of the offence.

14. (1) Where any person who suffers any injury as aforesaid as a result of the commission of an indictable offence receives compensation for the injury under the order of the court, the receipt of that compensation shall be a bar to any action for the same injury; but subject to the provisions of this section, nothing in this Act shall affect the right of action of any person in respect of any such injury.

(2) Any disposition of property made by a person ordered to pay any sum by way of compensation under section 13 shall, if made subsequent to and within five years of the date of the commission of the offence in respect of which the order was made, be voidable as against the person to whom the compensation is payable and may be levied upon and taken in execution in satisfaction of such compensation unless the person who has received it did so in good faith and for valuable consideration.

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.