Legal encyclopedia. The letter W

FINE

(In criminal law) - property punishment, as the main form of punishment is appointed in cases if it is provided for in the sanction of the article of the Special Part of the Criminal Code of the Russian Federation; A monetary penalty imposed within the limits provided for by the Criminal Code of the Russian Federation.

The fine is set at a rate of 250 to 1 million rubles or in the amount of the wage or other income of the convicted person for a period of 2 weeks to 5 years.

A fine of 500 thousand rubles or in the amount of wages or other income of a convicted person for a period of more than 3 years may be imposed only for serious and particularly serious crimes in cases specifically provided for in the relevant articles of the Special Part of the Criminal Code.

The basis for the application of a fine is the wages of the defendant or other income received by him.

Payment of wages is made in cash and in the currency of the Russian Federation.

To determine the salary of the convicted person, the investigator, the inquirer, the prosecutor or the court must demand from the last place of work information on the amount of his salary.

To a minor convicted, this type of punishment can be imposed only if he has independent earnings or property, which can be levied upon.

The person sentenced to a fine must pay it within 30 days from the day the judgment comes into legal force.

If the convict does not have the opportunity to pay the fine within the prescribed period, the court, upon his application and the conclusion of the bailiff, may postpone or suspend his payment for up to 3 years.

The amount of the fine is determined by the court, taking into account the gravity of the crime committed and the property situation of the convicted person and his family, as well as taking into account the possibility of receiving wages or other income for convicted persons.

Penalty as an additional type of punishment may be imposed only in cases provided for by the relevant articles of the Special Part of the Criminal Code.

In case of malicious evasion from payment of a fine designated as the main punishment, it is replaced within the limits of the sanction provided by the relevant article of the Special Part of the Criminal Code of the Russian Federation.

The bailiff, who is responsible for fulfilling this type of punishment, applies to the court that passed the verdict, with the submission to replace the fine with another type of punishment. Together with the submission to the court, evidence must be submitted to testify that the convict has refused to execute the punishment. At the same time, penalty for other types of punishment is possible only with the appointment of a fine as the main punishment.