The General Part

Title III
Penalties

Chapter III
The regulation for execution of main penalties applied to natural persons

Section 4
Regulations for execution of fines


Contents of the penalty of the fine in the form of days/fine

Art.68 - (1) The penalty of the fine is the sum of money that the perpetrator is sentenced to pay.

(2) The penalty of the fine is applied in the form of days/fine. In this case the total sum to be paid is the result of multiplying the number of days of penalty established by the court in relation to the seriousness of the act and the person of the perpetrator, by the sum representing the evaluation in money of each penalty day, taking into account the perpetrator’s financial possibilities and the legal obligations he/she has with regard to the persons in his/her care.

(3) Should the law provide that an offence is punishable only by fine, without setting forth its limits, the special minimum of days/fine is 20 days, and the special maximum is 120 days.

(4) When the law provides the penalty of the fine, without showing its limits, alternatively with the penalty of detention, the special minimum of days/fine is 40 days, and the special maximum is 180 days, and when the law provides the penalty of the fine alternatively with the penalty of strict imprisonment, the special minimum is 60 days and the special maximum is 240 days.

Replacement of the penalty of the fine in the form of days/fine

Art.69 - (1) In case of convicts who elude in ill faith the execution of the fine, if the law provides the penalty of strict imprisonment as a penalty alternative to the fine, the court may replace the fine with community service up to 500 hours or, if the convict does not consent to this penalty, with the penalty of strict imprisonment.

(2) In the case of convicts who elude in ill faith the execution of the fine, if the law provides the penalty of imprisonment as a penalty alternative to the fine, the court may replace the fine with community service up to 300 hours or, if the convict does not consent to this penalty, with the penalty of imprisonment.

(3) When replacing the penalty of the fine, the length of the days/fine not paid shall be taken into account.

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.