Chapter 2(a) - Fine, conversion sentence and summary penal fee

Fine

Section 1 - Number of day fines

(1) A fine shall be passed as day fines, the minimum number of which is one and the maximum number is 120.

(2) Chapter 7 contains provisions on the maximum and minimum numbers for a joint punishment to a fine.

(3) For a special reason, the specific minimum or maximum number may be provided by an Act, within the limits laid down in subsection 1.

(4) A specific minimum or maximum number provided by an Act enacted before 1 June 1969 does not apply.

Section 2 - Amount of a day fine

(1) The amount of a day fine shall be set so that it is reasonable in view of the solvency of the person fined.

(2) One sixtieth of the average monthly income of the person fined, less the taxes and fees defined by a Decree and a fixed deduction for basic consumption, is deemed to be a reasonable amount of a day fine. The maintenance liability of the person fined may decrease the day fine.

(3) The primary basis for the calculation of the monthly income is the income of the person fined as indicated in the most recent taxation. If the income of the person fined cannot be reliably ascertained from the tax records or it has essentially changed since the most recent taxation, it may be assessed also on the basis of other information.

(4) In court, the day fine is set on the basis of the information available at the time of the court proceedings, and in proceedings on the basis of the Summary Penal Fee Act (754/2010), the day fine is set on the basis of the information available at the time when the fine is set or when the request for a summary penal fee is made. However, the prosecutor shall set the day fine on the basis of the information available at the time the summary penal fee is issued, if it has become evident that the solvency of the person for whom the summary penal fee has been requested has in the meantime essentially changed.

[subsection 4 has been amended by the Act of 755/2010 and shall enter into force on a date to be set by an Act. The earlier wording is as follows:]
(4) In court, the day fine is set on the basis of the information available at the court proceedings, and in penal order proceedings, the day fine is set on the basis of the information available when the request for a penal order is being made. However, the prosecutor shall set the day fine on the basis of the information available at the time the penal order is issued, if it has become evident that the solvency of the person for whom the penal order has been requested has in the meantime essentially changed.

(5) More detailed provisions on the calculation of the average monthly income, the rounding-off of the amount of the day fine, the amount of the fixed deduction for basic consumption, the manner in which the maintenance liability is to be taken into account, and the minimum amount of a day fine shall be issued by a Decree.

Section 3 - Total amount of the fine

(1) The total amount of the fine is equal to the number of day fines times the amount of a day fine.

(2) It may be provided by Decree that the total amount of the fine imposed for given offences is to be increased in order to equal the maximum summary penal fee payable for the same type of offence.

(3) Chapter 7, section 3(a) contains provisions on the increase in the total amount when setting a joint punishment for offences punishable by a fine and a summary penal fee. (755/2010)

Chapter 7 - Joint punishment

Section 3 - Joint fine

(1) If a person is to be sentenced at the same time to fines for two or more offences, he or she shall instead be sentenced to a joint fine.

(2) The maximum for a joint fine is two hundred and forty day fines. However, a joint fine may not be greater than the sum of the maximum punishments for the separate offences. If a minimum number of day fines has been provided for an offence in an Act enacted after 1 June 1969, the joint fine may not be less than the said minimum.

(3) What is provided above does not apply to the threat of a fine imposed in euros. (515/2003)

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.