Enforcement of fines

Republic of Tajikistan

Criminal Code of the Republic of Tajikistan (Excerpt)

GENERAL PART

SECTION III. Sentence

CHAPTER 9. Concept, Purposes and Types of Sentences

Article 49. Fines

(1) A fine is a pecuniary punishment imposed within the limits provided for by the present Code.

(2) The amount of a fine is determined from 100 to 2000 times the minimum monthly wage.

(3) The amount of a fine is specified by the Court and depends on the type and significance of the crime and the Court shall take into account the financial condition of the offender.

(4) A fine subject to collection in order to compensate moral and physical damage is determined within the limits stipulated by the present article for the following crimes :

a) petty misdemeanor - not less than two hundreds times the current minimum monthly wage ;
b) misdemeanor - not less than four hundreds times the current minimum monthly wage ;
c) felony - not less than six hundreds times the current minimum monthly wage ;
d) especially grievous crime - not less than eight hundreds times the current minimum monthly wage.

(5) In the event an offender avoids to pay a fine or he is unable to do it, the Court may change the sentence to correctional labor or confinement.

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.