Enforcement of fines

Slovenia

Cooperation between the Republic of Slovenia and the International Criminal Court Act 2002

XI. ENFORCEMENT OF FINES, SEIZURE OF MATERIAL BENEFIT AND MEASURES FOR COMPENSATING VICTIMS

Article 25
(1)In a case of a request from the Court for the enforcement of a fine or forfeiture of proceeds passed by the Court, the competent court in the Republic of Slovenia shall allow enforcement of judgement on the basis of the provisions of the act regulating enforcement and guarantee or the act regulating criminal proceedings.

XI. ENFORCEMENT OF FINES, SEIZURE OF MATERIAL BENEFIT AND MEASURES FOR COMPENSATING VICTIMS

Article 25
(4) Competent bodies shall be obliged to transfer to the Court the assets or proceeds from the sale of real estate or from the sale of other assets which the Republic of Slovenia obtains because of the enforcement of a judgement of the Court within the terms of the first, second and third paragraph of this article.
(5) If the competent court finds that carrying out a request of the Court within the terms of the previous paragraph will affect the rights of bona fide third parties, it shall inform the Ministry of this, which return the matter to the Court with a suitable explanation.

Criminal Code of the Republic of Slovenia

GENERAL PART

Chapter Four
SENTENCES

1. Types of Sentences and Conditions for Imposition Thereof

Fines

Article 47

(1) A fine shall be imposed in daily instalments and may amount to minimum thirty and maximum three hundred and sixty daily instalments, while for criminal offences committed for one's own interest it may amount to maximum one thousand five hundred daily instalments.

(2) The number of daily amounts shall be fixed by the court in accordance with the general rules on sentencing. The court shall fix the daily amount by taking into account the perpetrator's daily income with regard to the official data of the tax authority as well as with respect to his family expenditure. In fixing the daily amount, the court shall base its decision on data not older than six months.

(3) If the court was not able to acquire the data on the perpetrator’s daily income referred to in the preceding paragraph, then one thirtieth of the last officially published average monthly net salary in the Republic of Slovenia per employee shall be considered as the daily amount for the fine.

(4) The period of time, in which a fine is to be paid, shall be specified in the judgement. Such a period may not be shorter than fifteen days and not longer than three months. Under justifiable circumstances, the court may permit the offender to pay his fine by instalment, where the term of payment shall not exceed two years.

GENERAL PART

Chapter Ten
FUNDAMENTAL PROVISIONS ON THE IMPLEMENTATION OF CRIMINAL SANCTIONS

Method of Execution of Fines

Article 87

(1) If a fine cannot be forcibly collected, the court shall execute it so that one day of imprisonment shall be ordered for two daily instalments of the fine, whereby the imprisonment may not be longer than six months.

(2) If the offender pays only part of the fine, the remaining part shall be proportionately converted into days of imprisonment ; however, if the remaining part is paid, the execution of the sentence of imprisonment shall be discontinued.

(3) If the offender dies, the fine shall not be executed.

GENERAL PART

Chapter Four

SENTENCES

1. Types of Sentences and Conditions for Imposition Thereof

Fines
Article 47

(1) A fine shall be imposed in daily instalments and may amount to minimum thirty and maximum three hundred and sixty daily instalments, while for criminal offences committed for one's own interest it may amount to maximum one thousand five hundred daily instalments.

(2) The number of daily amounts shall be fixed by the court in accordance with the general rules on sentencing. The court shall fix the daily amount by taking into account the perpetrator's daily income with regard to the official data of the tax authority as well as with respect to his family expenditure. In fixing the daily amount, the court shall base its decision on data not older than six months.

(3) If the court was not able to acquire the data on the perpetrator’s daily income referred to in the preceding paragraph, then one thirtieth of the last officially published average monthly net salary in the Republic of Slovenia per employee shall be considered as the daily amount for the fine.

(4) The period of time, in which a fine is to be paid, shall be specified in the judgement. Such a period may not be shorter than fifteen days and not longer than three months. Under justifiable circumstances, the court may permit the offender to pay his fine by instalment, where the term of payment shall not exceed two years.

GENERAL PART

Chapter Ten

FUNDAMENTAL PROVISIONS ON THE IMPLEMENTATION OF CRIMINAL SANCTIONS

Method of Execution of Fines
Article 87

(1) If a fine cannot be forcibly collected, the court shall execute it so that one day of imprisonment shall be ordered for two daily instalments of the fine, whereby the imprisonment may not be longer than six months.

(2) If the offender pays only part of the fine, the remaining part shall be proportionately converted into days of imprisonment; however, if the remaining part is paid, the execution of the sentence of imprisonment shall be discontinued.

(3) If the offender dies, the fine shall not be executed.

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.