Enforcement of fines

Marshall Islands

Marshall Islands - Criminal Code 2011 EN

PART I - GENERAL PROVISIONS
ARTICLE 6. AUTHORIZED DISPOSITION OF OFFENDERS

ยง6.03. Fines.
(1) A person who has been convicted of an offense may be sentenced to pay a fine not exceeding:
(a) $20,000, when the conviction is of a felony of the first or second degree; or
(b) $5,000, when the conviction is of a felony of the third degree; or
(c) $1,000, when the conviction is of a misdemeanor; or
(d) $400, when the conviction is of a petty misdemeanor or a violation; or
(e) any higher amount equal to double the pecuniary gain derived from the offense by the offender, or equal to double the pecuniary loss suffered by the victim from the offense; or
(f) any higher amount specifically authorized by statute.
(2) A corporation or an unincorporated association that has been convicted of an offense maybe sentence to pay a fine not exceeding:
(a) $100,000, when the conviction is of a felony of the first or second degree; or
(b) $25,000, when the conviction is of a felony of the third degree; or
(c) $10,000, when the conviction is of a misdemeanor; or
(d) $5,000, when the conviction is of a petty misdemeanor; or
(e) any higher amount equal to three times the pecuniary gain derived from the offense by the offender, or equal to three times the pecuniary loss suffered by the victim from the offense; or
(f) any higher amount specifically authorized by statute.

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.