Estonia

The Penal Code

Part 1
GENERAL PART

Chapter 3
TYPES AND TERMS OF PUNISHMENTS

Division 1
Principal Punishments Imposed for Criminal Offences

ยง 44. Pecuniary punishment

(1) For a criminal offence, the court may impose a pecuniary punishment of 30 to 500 daily rates.

(2) The court shall calculate the daily rate of a pecuniary punishment on the basis of the average daily income of the convicted offender. The court may reduce the daily rate due to special circumstances, or increase the rate on the basis of the standard of living of the convicted offender. The daily rate applied shall not be less than the minimum daily rate. The minimum daily rate shall be 3.20 euros.
[ - entry into force 01.01.2011]

(3) Average daily income shall be calculated on the basis of the income subject to income tax received by the convicted offender during the year immediately preceding the year in which criminal proceedings were commenced against the convicted offender or, if the data pertaining to such year are not available, during the year preceding such year, less the income tax.

(4) Daily rates shall be calculated to the accuracy of ten cents.
[ - entry into force 01.01.2011]

(5) If at the time of commission of an act, the person is less than 18 years of age, the court may impose a pecuniary punishment of thirty up to two hundred and fifty daily rates. A pecuniary punishment shall not be imposed on a person of less than 18 years of age if he or she does not have any independent income.

(6) A pecuniary punishment may be imposed as a supplementary punishment together with imprisonment unless imprisonment has been substituted by community service.

(7) A pecuniary punishment shall not be imposed as a supplementary punishment together with a fine to the extent of assets.

(8) In case of a legal person, the court may impose a pecuniary punishment of 3200 to 16,000,000 euros. A pecuniary punishment may be imposed on a legal person also as a supplementary punishment together with compulsory dissolution.
[ - entry into force 01.01.2011]

(9) In the cases provided for in the Special Part of this Code, the court may impose a pecuniary punishment on a legal person, the amount of which is calculated as a percentage of the turnover of the legal person during the financial year immediately preceding the year in which the criminal proceedings were commenced or in case the person has operated for less than a year, during the year of commencing the criminal proceedings. In such case, the upper limit of the pecuniary punishment imposed shall not exceed the upper limit of the pecuniary punishment provided for in subsection (8) of this section.
[ - entry into force 27.02.2010]

Keywords

Enforcement of fines
Enforcement of sentences imposed
Enforcement of national penalties - fines



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