Enforcement of fines

Moldova, Republic of

Moldova - Criminal Code 2002 (2009) EN

GENERAL PART

Chapter VII
CRIMINAL PUNISHMENT

Article 64. Fines

(1) A fine is a pecuniary sanction applied by the court in sentences and within the limits set by this Code.

(2) Th e fine shall be established in conventional units. One conventional unit shall be equal to 20 lei.

(3) The amount of a fine applicable to individuals shall be set within the limits of 150 and 1000 conventional units depending on the character and the seriousness of the crime committed and considering the financial condition of the guilty person while for crimes committed for material interest the limit shall be up to 5000 conventional units for which the amount of conventional units effective at the moment of the commission of the crime shall form the basis.

(4) In cases set forth in article 21 par. (3), the amount of the fine for legal entities shall be set within the limits of 500 and 10,000 conventional units depending on the nature and the seriousness of the crime committed, the extent of the damage caused, and considering the economic and financial condition of the legal entity. In the case of malicious circumvention by a legal entity from payment of the fine set, the court may substitute the unpaid amount of the fine with an execution upon the property of the entity.

(5) In the case of the malicious circumvention by the convict from payment of the fine set as a main or complementary punishment, the court may substitute the unpaid amount of the fine with imprisonment within the limits of the terms set forth in art. 70. The amount of the fine shall be substituted with imprisonment by which one month of imprisonment shall be equivalent to 50 conventional units.

(6) A fine as a complementary punishment may be applied only in those cases in which it is provided as such for the corresponding crime.

(7) In a case when a convict cannot pay the amount of the fine set as a main or complementary punishment, the court may, in line with the provisions of art. 67, substitute the
unpaid amount of the fine with community service by which 60 hours of community service shall be equivalent to 50 conventional units.

GENERAL PART

Chapter VIII
SPECIFYING PUNISHMENTS

Article 86. Application of Punishment in Cases of Executing a Foreign State's Decision

(1) In executing a foreign state's decision, the court shall substitute the punishment of imprisonment applied in the foreign state with a punishment set by its own criminal law for the same act without aggravating the criminal situation of the convict as determined by the foreign state's decision. If the law of a foreign state provides for a punishment milder than the minimum provided by domestic law, the court shall not be bound to that minimum and shall apply a punishment corresponding to the one pronounced in the foreign state.

(2) Any part of a punishment pronounced in a foreign state and any period of temporary detention executed by the convict shall be entirely deducted by the court decision on the recognition of the foreign state's decision.

(3) When executing a foreign state's decision on the application of a fine or the seizure of a sum of money, the court shall calculate the amount in national currency applying the exchange rate in force at the moment when the decision on the recognition of the foreign state's decision was pronounced, without exceeding the maximum limit of the punishment set by the foreign state for such an act.

(4) Fines and the seizures of goods resulting from the execution of foreign states' decisions shall accrue to the Republic of Moldova without prejudice to the rights of third states.

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.