GENERAL PART

Chapter Four
PENALTIES

1. Purpose of Punishment, Types of Punishment and Requirements for Imposition thereof

General Provisions on Fines
Article 48

(1) A fine may be determined and pronounced either in daily amounts (Article 49) or a particular amount (Article 50).

(2) A fine for criminal offences committed for gain may be pronounced as secondary punishment even when not stipulated by law or when the law stipulates that the perpetrator may be punished with imprisonment or fine, and the court pronounces imprisonment as the principal punishment.

Fine in Daily Amounts
Article 49

(1) A fine in daily amounts shall be determined by first defining the number of daily amounts and then the sum of the daily amount. The final amount of the fine shall be determined by the court by multiplying the adjudicated number of daily amounts with the value of one daily amount.

(2) The number of daily amounts may not be less than ten nor exceed three hundred and sixty days. The number of daily amounts for the committed criminal offence shall be determined in accordance with the general rules for determining penalties (Article 54).

(3) The sum of one daily amount is determined by dividing the difference between the income and expenditures of the perpetrator during the previous year by the number of days in the year. A single daily amount may not be under five hundred dinars or more than fifty thousand dinars.

(4) For the purpose of determining the daily amount the court may request information from banks and other financial institutions, government authorities and legal entities who are obliged to deliver the requested information and may not invoke protection of business or other secret.

(5) If it is not possible to obtain verified information on the income and expenses of the perpetrator, or if he does not generate any income, but owns property or holds property rights, the court shall as a rough estimate determine the daily amount based on the available information. The number of daily amounts is determined within the following ranges :

1) up to sixty for criminal offences punishable by imprisonment up to three months ;
2) from thirty to one hundred and twenty for criminal offences punishable by imprisonment up to six months ;
3) from sixty to one hundred and eighty for criminal offences punishable by imprisonment up to one year ;
4) from one hundred and twenty to two hundred and forty for criminal offences punishable by imprisonment up to two years ;
5) at least one hundred and eighty for criminal offences punishable by imprisonment up to three years.
6) within the prescribed amount for criminal offences where a fine is prescribed as the only penalty.

Fine in Particular Amount
Article 50

(1) If it is not possible to determine the amount of a daily amount either based on the rough estimate of the court (Art. 49, para 5), or collecting of such information would significantly prolong the criminal proceedings, the court shall pronounce a fine in set amount within the stipulated range of minimum and maximum fine.

(2) A fine may not be less than ten thousand dinars. A fine may not exceed one million dinars and in case of criminal offences committed for gain more than ten million dinars.

(3) A fine as principal punishment is pronounced in the following amounts :

1) up to one hundred thousand dinars for criminal offences punishable by imprisonment up to three months ;
2) from twenty thousand to two hundred thousand dinars for criminal offences punishable by imprisonment up to six months ;
3) from thirty thousand to three hundred thousand dinars for criminal offences punishable by imprisonment up to one year ;
4) from fifty thousand to five hundred thousand dinars for criminal offences punishable by imprisonment up to two years ;
5) at least one hundred thousand dinars for criminal offences punishable by imprisonment up to three years.
6) within the prescribed amount for criminal offences where a fine is prescribed as the only penalty.

Enforcement of Fine
Article 51

(1) The time period for payment of a fine is defined in the judgement and may not be less than fifteen days or more than three months. In justifiable cases the court may allow the convicted person to pay the fine in instalments where the period of payment may not exceed one year.

(2) If the convicted person fails to pay the fine within the set period, the court shall replace the fine with a term of imprisonment, by converting each one thousand dinars into one day of imprisonment, provided that the term of imprisonment may not exceed six months, and if the pronounced fine exceeds seven hundred thousand dinars, the term of imprisonment may not exceed one year.

(3) If the convicted person pays only a part of the fine, the court shall convert pro rata the remaining amount of the fine to a term of imprisonment, and if the convicted person pays the remaining amount of the fine, enforcement of the prison sentence shall be discontinued.

(4) An unpaid fine may instead of imprisonment be replaced with a community service order, by converting each one thousand dinars into eight hours of community service, provided the total duration of community service does not exceed three hundred and sixty hours.

(5) After death of the convicted person the fine shall not be enforced.

Conviction Article 424

In a judgment pronouncing the defendant guilty, the court will state:

the offence of which the defendant is being pronounced guilty, specifying the facts and circumstances which represents the elements of a criminal offence, as well as those on which depends the application of a certain provision of criminal law;

the legal designation of the criminal offence and which provisions of criminal law were applied;

the penalty imposed on the defendant, or a release from punishment under the provisions of criminal law;

a decision on a suspended sentence, or revocation of a suspended sentence or release on probation;

a decision on a security measure, on forfeiture of proceeds from crime or forfeiture of assets derived from a criminal offence;

a decision on the restitution claim;

a decision on calculating time served into the penalty;

a decision on the costs of the criminal proceedings.

If the defendant has been sentenced to a prison sentence of up to one year, the judgment may specify that the prison sentence will be executed in the premises in which the defendant lives, with or without applying electronic surveillance.

If the defendant has been sentenced to pay a fine, it will be specified in the judgment if the fine was calculated and pronounced in daily amounts or in a specific amount, and the time limit for paying the fine, as well as the manner or substituting this penalty by a custodial penalty or community service in case the defendant does not pay the fine within the specified time period.

If the defendant has been sentenced to community service, the judgment shall specify the type and duration of the community service and the manner of substituting it by a custodial penalty in case the defendant does not perform the community service in full or in part.

If the defendant has been sentenced to a penalty of seizure of his driver’s licence, the judgment shall specify the duration of the penalty and the manner of its substitution by a custodial penalty in case the defendant operates a motor vehicle during the term of the penalty of seizure of his driver’s licence.

If the defendant has been sentenced to suspended sentence with protective supervision , the judgment shall specify the content, duration and consequences of failing to fulfil the obligation of protective supervision.

V ENFORCEMENT OF DECISIONS TAKEN BY THE INTERNATIONAL CRIMINAL COURT

Article 33

When the International Criminal Court requests from the Republic of Serbia to enforce a decision on fine, seizure of property of the accused person's or compensation of damages to victims of crime referred to in Article 1 of this Law, the procedure of enforcement shall be conducted by the court in the Republic of Serbia competent for enforcement, in accordance with the law.

If the enforcement procedure has not been carried out, partially or in entirety, due to the fact that the debtor's property does not comprise funds appropriate to be the subject of enforcement, or for other reasons set forth in the law, the competent enforcement court shall notify the Ministry about it.

The Ministry shall without delay notify the International Criminal Court on the impediments referred to in paragraph 2 of this Article, for the purposes of consultations on further actions.