GENERAL PART

3. PUNISHMENTS

3.1. The aim of punishment, the types of punishments and conditions for pronouncing them

Fine

Article 38

(1) The fine shall be applied in the form of daily fines, where the number of the daily fines may not be less than five or more than 360 daily fines.

(2) The court shall specify the number of daily fines in accordance with the general rules for specifying the fine.

(3) the court shall determine the level of the daily fine having in mind the material and personal circumstances of the perpetrator, starting, as a rule, from the net daily actual or possible income of the perpetrator, as well as the family and other obligations of the perpetrator as well as the material situation of the perpetrator at the time of the passed judgment. The smallest amount of a daily fine may be the denar equivalent of one euro and the highest amount may be the denar equivalent of 5000 euros.

(4) The court decision shall contain the amount of the fine which may be obtained by multiplying the number of the daily fines with the specified amount of a single daily fine.

(5) For the purposes of determining the amount of the daily fine, the court may ask for reports from banks, financial and other institutions, state authorities and legal entities, which shall be obligated to submit the requested reports and can not invoke the principle of a trade or any other secret.

(6) In the case when the fine is applied as a secondary sentence in addition to an imprisonment sentence, the court shall determine the monetary amount, without applying the provisions stipulated in paragraphs 1 to 5. The monetary fine, if applied as a secondary fine, may not be less than the denar equivalent of 20 euros, nor more than the denar equivalent of 5000 euros.

Collection of a monetary fine

Article 38-a

(1) The judgment shall specify the deadline for payment of the fine, which may not be shorter than 15 days nor longer than three months. However, in certain justified cases the court may allow the defendant to pay the fine in installments, provided that the time period for the payment of the entire fine is not longer than two years. If the perpetrator is a foreign person the court shall specify the fine to be paid without any delay or its payment to be secured in another way.

(2) If the defendant fails to pay the fine within the specified time period, the court may specify a different time period or, if the court determines that the defendant does not want to pay the fine, to order a forced collection of the fine applying a procedure specified by law. If the provision of a new time period, which may not be longer than three months, or the forced collection prove unsuccessful, the court may act as follows : for each unpaid installment it may specify one day imprisonment or, when the fine has been applied as a secondary sentence, for every started denar equivalents of 20 euros, the court may specify one day imprisonment, provided that the total time of imprisonment may not be longer than six months.

(3) If the defendant pays only a part of the fine, the rest will proportionally be transformed into imprisonment time, and if the defendant pays the remainder of the fine, the imprisonment shall be terminated.

(4) After the death of the defendant the fine shall no longer be enforced.

''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.”