Enforcement of national penalties - fines


Criminal Code of Mongolia




Article 47. Fine

46.1. Imposing by the court of a penalty in terms of money in the instances and within the limits set in this Code shall be called a fine.

47.2. The court shall determine the amount of a fine by taking into consideration the degree of social danger of the committed crime, the property status, size of wages or income of the defendant within the range of 5 to 500 amounts of the minimum salary amount.

47.3. In case of persistent evasion of payment of a fine the court may substitute a fine by incarceration or imprisonment for a term of up to 3 years.

47.4. Substituting imprisonment, forced labor or incarceration by a fine shall be prohibited.

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.