Chapter 18ENTRY INTO FORCE AND ENFORCEMENT OF COURT DECISIONS

Division 2Enforcement of Punishments

§ 417. Enforcement and execution of pecuniary punishments
(1) A court judgment ordering pecuniary punishment which has entered into force shall be sent to the institution designated by a directive of the Minister responsible for the area.
[RT I, 28.12.2011, 1 - entry into force 01.01.2012]
(2) If a convicted offender has failed to pay the amount of the pecuniary punishment imposed on him or her to the prescribed account in full within one month after the entry into force of the court judgment or by the specified due date or if the terms for the payment of instalments of an amount of pecuniary punishment are not complied with and the term for payment of the amount of pecuniary punishment or a fine to the extent of assets has not been extended or apportioned pursuant to the procedure provided for in this Code, a copy of the court judgment shall be sent to a bailiff within ten days as of the receipt thereof.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
(3) If a convicted offender fails to pay the pecuniary punishment or fine to the extent of assets by the designated due date or comply with the terms for payment of an apportioned pecuniary punishment and the term for payment of the amount of pecuniary punishment or a fine to the extent of assets has not been extended or apportioned pursuant to the procedure provided for in § 424 of this Code and a convicted offender has no assets against which a claim for payment could be made, the bailiff shall give notice to the county court that payment is impossible not later than three years after he or she accepted the pecuniary punishment or fine to the extent of assets for collection and not later than seven years after the entry into force of the court judgment. If there are no circumstances which preclude substitution of punishment, the judge in charge of execution of court judgments shall decide on the substitution of the pecuniary punishment or fine to the extent of assets pursuant to the procedure provided for in §§ 70 and 71 of the Penal Code. The court shall notify the convicted offender and bailiff of substitution of the pecuniary punishment or fine to the extent of assets.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(4) If an amount of pecuniary punishment has been paid in part, the paid part shall be taken into account upon determination of the duration of the substitutive punishment in proportion to the paid amount. A judge in charge of execution of court judgments shall resolve the entry of the substitutive punishment in accordance with the rules provided in subsections 432 (1) and (3) of this Code. A copy of the order shall be sent to participants in proceedings concerned and to the bailiff.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 418. Waiver of enforcement of pecuniary punishment
(1) The judge in charge of execution of court judgments at the county court of the residence of a convicted offender may waive the enforcement of a pecuniary punishment by an order if:
1) a sentence of imprisonment is imposed on the convicted offender in another criminal matter and the sentence is enforced;
2) execution of the pecuniary punishment may endanger the resocialization of the convicted offender;
3) circumstances provided for in § 416 of this Code exist.
(2) On the bases provided for in subsection (1) of this section, a judge in charge of execution of court judgments may also waive collection of the procedure expenses from the convicted offender.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Part 1 GENERAL PART
Chapter 3 TYPES AND TERMS OF PUNISHMENTS
Division 1 Principal Punishments Imposed for Criminal Offences

§ 44. Pecuniary punishment
(1) For a criminal offence, the court may impose a pecuniary punishment of thirty to five hundred daily rates.
(2) The court shall calculate the daily rate of a pecuniary punishment on the basis of the average daily income of the offender. The court may reduce the daily rate due to special circumstances or increase the rate on the basis of the standard of living of the offender. The daily rate applied shall not be less than the minimum daily rate. The minimum daily rate shall be 10 euros.
(3) Average daily income shall be calculated on the basis of the income subject to income tax received by the offender during the year immediately preceding the year in which criminal proceedings were commenced against the offender or, if the data pertaining to such year are not available, during the year preceding such year, less the income tax.
(4) Daily rates shall be calculated to the accuracy of ten cents.
(5) If at the time of commission of an act, the person is less than eighteen years of age, the court may impose a pecuniary punishment of thirty up to two hundred and fifty daily rates. A pecuniary punishment shall not be imposed on a person of less than eighteen years of age if he or she does not have any independent income.
(6) A pecuniary punishment may be imposed as a supplementary punishment together with imprisonment unless imprisonment has been substituted by community service.
(7) A pecuniary punishment shall not be imposed as a supplementary punishment together with a fine to the extent of assets.
(8) In case of a legal person, the court may impose a pecuniary punishment of 4,000-16,000,000 euros.
(9) In the cases provided for in the Special Part of this Code, the court may impose a pecuniary punishment on a legal person, the amount of which is calculated as a percentage of the turnover of the legal person during the financial year immediately preceding the year in which the criminal proceedings were commenced, or in case the person has operated for less than a year, during the year of commencing the criminal proceedings. In such case, the upper limit of the pecuniary punishment imposed shall not exceed the upper limit of the pecuniary punishment provided for in subsection (8) of this section.

Part 1 GENERAL PART
Chapter 3 TYPES AND TERMS OF PUNISHMENTS
Division 3 Supplementary Punishments for Offences Imposed on Natural Persons

§ 53. Fine to the extent of assets
(1) If a court convicts a person of a criminal offence and imposes imprisonment for a term of more than three years or life imprisonment, the court may, in the cases provided by law, impose a supplementary punishment according to which the offender is to pay an amount up to the extent of the total value of all the assets of the offender.
(2) A fine to the extent of assets may be imposed as a supplementary punishment for a criminal offence committed before 1 February 2007.