Enforcement of fines

Malta

Malta - Criminal Code 1854 (2014) EN

BOOK FIRST PENAL LAWS

PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE, OF ACCOMPLICES AND OF RECIDIVISTS

Title I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION

Sub-title I
OF PUNISHMENTS TO WHICH OFFENCES ARE SUBJECT

11. Fine

(1) Where it is not otherwise specifically provided, the maximum of a fine (multa) is one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) and the minimum is twenty-three euro and twenty-nine cents (23.29).

(2) Where the maximum of a fine (multa) prescribed in this Code or in any other law is less than twenty-three euro and twenty-nine cents (23.29), the maximum shall be twenty-three euro and twenty-nine cents (23.29) and the minimum shall be eleven euro and sixty-five cents (11.65).

(3) In default of payment of a fine (multa) within the period prescribed in article 14, such fine (multa) shall be converted into imprisonment at the rate of one day for every thirty-five euro (35) or part thereof:
Provided that in no case (save as provided in article 17(g) and in article 29(1)) shall imprisonment in substitution of a fine (multa) exceed six months if the fine is not higher than seven thousand euro (7,000), one year if the fine is not higher than thirty thousand euro (30,000), eighteen months if the fine is not higher than eighty thousand euro (80,000) and two years if it is higher than eighty thousand euro (80,000).

BOOK FIRST PENAL LAWS

PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE, OF ACCOMPLICES AND OF RECIDIVISTS

Title I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION

Sub-title I
OF PUNISHMENTS TO WHICH OFFENCES ARE SUBJECT

13. (1) Where it is not otherwise specifically provided, the maximum of a fine (ammenda) is fifty-eight euro and twenty-three cents (58.23) and the minimum is six euro and ninety- nine cents (6.99).

(2) In default of payment of a fine (ammenda) within the period prescribed in article 14, the fine (ammenda) shall be converted into detention at the rate of one day for every eleven euro and sixty-five
cents (11.65) or fraction thereof:
Provided that in no case (save as provided in article 29(1), in article 17(g) and in article 53) shall detention in substitution for a fine (ammenda) exceed one month.


14. (1) A person sentenced to a fine (ammenda or multa) shall pay the same forthwith. Nevertheless the court may, for a reason to be recorded, order that the person sentenced shall pay the fine to the registrar within such period as the court in passing sentence shall direct:
Provided that, in the case of a fine (ammenda) of fifty-eight euro and twenty-three cents (58.23) or less, the said period shall not be more than ten days, and, in the case of a fine (ammenda) of more than fifty-eight euro and twenty-three cents (58.23), or in the case of a fine (multa), the said period shall not be more than one month:
Provided that in default of payment of the fine (multa or ammenda) within the time laid down by the court in its sentence or, failing a time-limit in the sentence, within the time of one week from the date of the sentence, the said fine shall be converted forthwith into imprisonment or detention as provided in articles 11 and 13 as the case may be, and the police shall, by virtue of the authority conferred upon them by the sentence and by this proviso, arrest the person sentenced and shall escort him to the place designated according to law for the confinement of persons sentenced to a fine convertible into imprisonment or detention according to law:
Provided further that the court may, notwithstanding the provisions of articles 11 and 13, in passing sentence of a fine (ammenda or multa) determine any other period of detention or imprisonment which the offender shall undergo in default of payment thereof forthwith or within the prescribed time, as the case may be; but the period of detention or imprisonment so determined shall in no case exceed the period laid down in articles 11 and 13, respectively.

(2) The court may also in its discretion in passing sentence or at any time thereafter direct that any fine (ammenda or multa) to which any person is sentenced, may be paid by instalments in such amounts and in relation to such recurrent intervals as the court may deem fit, but so nevertheless that the period over which the whole amount shall be paid shall in no case exceed three years, and that in default of payment of any one such instalment the whole of the amount outstanding shall become and be immediately due and payable, and all the provisions of this Code applicable to a sentence of fine (ammenda) or of fine (multa) and to arrest and detention or imprisonment, as the case may be, in default of payment thereof, shall apply to the same accordingly.

Malta - ICC Act 2003 EN

PART 4
ENFORCEMENT OF SENTENCES AND ORDERS
12. The Minister may make regulations to provide for the enforcement in Malta of -
(a) fines or forfeitures ordered by the ICC

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.