'Enforcement of fines' in document 'Timor-Leste - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
GENERAL PART

TITLE IV
LEGAL CONSEQUENCES OF CRIME

CHAPTER III
PENALTY OF FINE

Article 75. Duration of the penalty of fine

1. The penalty of fine ranges from a minimum of 10 to a maximum of 360 days, except where otherwise provided in law.

2. Each day of fine corresponds to an amount ranging from 50 cents to 200 US dollars, which the court shall determine depending on the economic and financial status of the convict and his or her personal expenses.

3. Whenever circumstances surrounding the case so justify, the court may authorize the payment of the fine within the period of 1 year, or allow payment in installments, with the final installment due no later than two years after the date of rendering of the final decision.

Article 76. Imprisonment as alternative to fine

The decision that directly applies the penalty of fine shall determine imprisonment as an alternative to the length of time corresponding to the fine, reduced to two-thirds.

Article 77. Exemption or reduction of the penalty of fine

1. If a convict punished with a penalty of fine fails to carry out the sentence due to circumstances occurring after conviction, that make compliance to the same impossible or difficult and said circumstances are not attributable to the convict, the court may order a reduction or exemption of the penalty.

2. The previous subarticle is applicable to the penalty of fine as a substitute for imprisonment.

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.