Estonia

Code of Criminal Procedure

Chapter 18
ENTRY INTO FORCE AND ENFORCEMENT OF DECISIONS

Division 2
Enforcement of Punishments

§ 417. Enforcement and execution of pecuniary punishments

(1) A court judgment ordering pecuniary punishment which has entered into force shall be sent to the institution designated by a directive of the Minister of Finance.
[RT I, 28.12.2011, 1 - entry into force 01.01.2012]

(2) If a convicted offender has failed to pay the amount of the pecuniary punishment imposed on him or her to the bank account of the court in full within one month after the entry into force of the court judgment, a copy of the court judgment shall be sent to the bailiff within ten days.
[RT I 2009, 68, 463 - entry into force 01.01.2010]

(3) If a bailiff has sent to the county court an application which indicates that the convicted offender has failed to pay an amount of pecuniary punishment or a fine to the extent of assets by the designated due date or if the terms for the payment of instalments of an amount of pecuniary punishment are not complied with and the term for payment of an amount of pecuniary punishment or a fine to the extent of assets has not been extended or deferred pursuant to the procedure provided for in § 424 of this Code, the judge in charge of execution of court judgments shall decide on the substitution of the pecuniary punishment or fine to the extent of assets pursuant to the procedure provided for in §§ 70 and 71 of the Penal Code or file a claim against the assets of the debtor.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

(4) If an amount of pecuniary punishment has been paid in part, the paid part shall be taken into account upon determination of the duration of the substitutive punishment in proportion to the paid amount. A judge in charge of execution of court judgments shall settle the ordering of substitutive punishment pursuant to the procedure provided for in subsections 432 (1) and (3) of this Code. A copy of the ruling shall be sent to the participants in the proceedings concerned and to the bailiff.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 418. Waiver of enforcement of pecuniary punishment

(1) The judge in charge of execution of court judgments at the county court of the residence of a convicted offender may waive the enforcement of a pecuniary punishment by a ruling if :

1) a sentence of imprisonment is imposed on the convicted offender in another criminal matter and the sentence is enforced ;
2) execution of the pecuniary punishment may endanger the resocialization of the convicted offender ;
3) circumstances provided for in § 416 of this Code exist.

(2) On the bases provided for in subsection (1) of this section, a judge in charge of execution of court judgments may also waive collection of the procedure expenses from the convicted offender.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Keywords

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



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