Enforcement of national penalties - fines

Lao People's Democratic Republic

Laos - Criminal Code 2017 EN

'''Part I, Chapter 5 Penalties, Article 46 Fines''

Fines are financial penalties determined by the court according to the case in hand and are within the monetary limits as stated by the applicable law. The fine must be computed in accordance with the gravity of the offence, on the basis of the offender's economic status and the costs of living at each period. The fines shall be transferred to the treasury of the State.

The fines must be paid in full or in instalments within a period of the court’s decision. In the event that the offender does not have the capacity to pay the fine, the court may commute such fine into the penalty of working for public utilities or the penalty of re-

education without deprivation of liberty. In the event the offender cannot pay fines as per court’s decision and serving deprivation of liberty, the court may commute the fines into

working for public utilities or re-education without deprivation of liberty

It is forbidden to commute a fine into deprivation of liberty and vice versa in cases where the offence is prescribed a penalty of more than three (3) years.

For economic and financial offences for which the law prescribes deprivation of liberty less than three (3) years, except for recidivism or offences committed on a regular basis, the fine can be prescribed as a principal penalty; however, if the offender cannot pay the fines, the fines can be commuted by the court into deprivation of liberty by counting one (1) day of deprivation of liberty as being equal to the minimum daily remuneration of a worker.

Rome Statute

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.