Enforcement of national penalties - fines


Hungary - Criminal Code 1978 (2012) EN


The Fine

Section 50
(1) When imposing a fine, the amount shall be determined in view of the severity of the criminal offense and divided evenly among a specific number of days, each day representing the same amount of money, determined in accordance with the financial situation and income, and the everyday needs of the perpetrator.
(2) The person who is sentenced to a fixed-term imprisonment for a criminal offense committed with the purpose of financial gain and has sufficient income or property shall also have a fine imposed.
(3) The minimum and the maximum number of days representing a fine shall be between thirty and five hundred forty days, respectively. The amount of fine for one day shall be minimum one thousand and maximum five hundred thousand forints.
(4) In its ruling the court may authorize the perpetrator - on account of his financial situation - to pay the fine in monthly installments within a maximum period of two years.
Section 51
(1) If the defendant did not pay the fine, or if failed to pay a monthly installment where payment by installment had been authorized, the fine or the unpaid portion shall be substituted by the appropriate term of imprisonment.
(2) Where fine had been imposed in addition to a term of executable imprisonment, or if a suspended sentence is ordered to be carried out, the degree of security of the imprisonment carried out in substitution of the fine shall correspond to the original term. In other cases, where imprisonment is ordered in substitution of a fine it shall be served in a jail.
(3) The term of imprisonment imposed in place of a fine may be less than two months.

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.