'Enforcement of fines' in document 'Georgia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION THREE. PUNISHMENT

CHAPTER X. PURPOSES AND TYPES OF PUNISHMENT

Article 42. Fine
1. Fine shall be a pecuniary payment awarded under daily payment system.
2. Minimum daily payment fine shall be ten daily payment and maximum - three hundred and sixty daily payment. When collecting punishment, the extent of fine shall not be in excess of seven hundred and twenty daily payment.
3. Minimum daily payment fine shall be two lari and maximum - ten thousand lari.
4. The extent of fine shall be determined by court in consideration of the gravity of crime and the material position of the convict that shall be prescribed according to his/her property, income and other circumstances.
5. The court must point out in its judgment both the extent of daily payment and that of the awarded fine in lari.
6. Fine shall be awarded as additional punishment only in case provided under the relevant article of this Code.
7. If the convict maliciously avoids fine, the punishment shall be substituted for socially useful labour, corrective labour or restriction of freedom. In addition, the term during which the convict served the sentence shall be included into the term of socially useful labour, corrective labour or restriction of freedom as follows: one daily payment fine - four hours of socially useful labour, one day of corrective labour, one day of restriction of freedom. Along with the foregoing, in case of maliciously avoiding the socially useful labour, corrective labour or restriction of freedom in place of the fine, the letter shall be replaced with jail sentence or imprisonment in manner and to the extent as hereunder provided for this type of punishment.

RELEVANT ROME STATUTE PROVISIONS

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.