''GENERAL PART, 3. PUNISHMENTS, Parole, Fine, Article 38''
(1) A fine shall be determined in daily penalties, while the number of daily penalties
may neither be
(2) lesser than five, nor larger 360 daily penalties.(2) The court met out the number
of daily penalties following the general rules for meting out
punishments.
(3) While meting out the amount of a daily penalty, a court shall particularly
consider perpetrator’s
property assets and personal circumstances, taking as a starting paragraph the net
daily income
which the perpetrator normally earns or could earn, as well as his/her family and
other obligations
and his/her property (assets) at the time of making the court verdict. The least daily
penalty amount
(2) may be one euro in denar equivalent and the maximum one, 5.000 euros in
denar equivalent.
(4) A Court verdict shall determine the daily penalty amount, by multiplying the
number of daily
(3) penalties with the determined amount of a daily penalty.
(5) For the purpose of determining the amount of a daily penalty, a court may
require relevant data
from banks, financial and other institutions, state organs and legal entities, which
are obliged to
(4) deliver the information required and may not call upon protection of a business
or another secret.
(6) In cases in which a fine is imposed as an auxiliary punishment along with
imprisonment, the court shall mete out the fine in monetary amount, without
applying the provisions of par.1 to 5. A
fine imposed as an auxiliary punishment may neither be set in an amount less than
20 euros, nor
(5) larger than 5.000 euros, in denar counter value.
Collecting a Payment of a fine
Article 38-a
(1) The verdict shall specify a period of time granted for payment of a fine, this
time period being
no shorter than 15 days and no longer than 3 months, but in some justified cases
the court may allow the convicted person to pay the fine in several allotments, so
that such period of payment granted
does not exceed 2 years. If the person convicted is a foreigner, the court shall
make a decision that
(1) the fine be paid without any delay or assure its payment in another manner.
(2) If a convicted person does not pay the fine in the determined period of time, the
court may grant a new (an additional) period of time or if the Court’s assessment is
that the person convicted does not want to pay the fine, it shall order compulsory
execution of a fine in a procedure determined by law. Should payment of the fine
be not completed within the newly approved period of time or should the order for
compulsory payment fail to collect payment of the fine, the court shall execute
the payment of the fine in a manner that for each daily penalty a day of
imprisonment shall be ordered or if the fine was imposed as an auxiliary
punishment, for each amount of 20 euros one day
(2) of imprisonment shall be ordered, while considering the limit that such an
imprisonment may not last longer than 6 months.
(3) If the convicted person pays only a portion of the fine, the rest of the fine shall
proportionally be
transferred into a punishment of imprisonment and if the person convicted pays the
rest of the fine, serving of imprisonment shall be stopped.
(4) Payment of a fine may not be executed after the convicted person has died.”
''Chapter 6-a, PUNISHMENT OF LEGAL ENTITIES, acquittal from a fine Article- 96
j''
The legal entity may be acquitted if the responsible person in the legal entity, the
administration or management body or the supervisory body after the committed
crime
voluntarily report the perpetrator of the criminal act and return the property benefit or
eliminate the harmful consequences emerging from the act or in another manner
1. Los Estados Partes harán efectivas las multas u órdenes de decomiso decretadas por la Corte en virtud de la Parte VII, sin perjuicio de los derechos de terceros de buena fe y de conformidad con el procedimiento establecido en su derecho interno.
2. El Estado Parte que no pueda hacer efectiva la orden de decomiso adoptará medidas para cobrar el valor del producto, los bienes o los haberes cuyo decomiso hubiere decretado la Corte, sin perjuicio de los derechos de terceros de buena fe.
3. Los bienes, o el producto de la venta de bienes inmuebles o, según proceda, la venta de otros bienes que el Estado Parte obtenga al ejecutar una decisión de la Corte serán transferidos a la Corte.