According to the current legislation, a fine may be imputed as a primary or secondary measure of liability. In the Criminal Code, of all the punishments, he is considered the mildest. Let us further consider the features of the legal regulation of the execution of the penalty .
Subject Responsibilities
Execution of a criminal penalty in the form of a fine shall be carried out after the sentence has been passed and the sentence has entered into force. The court, when announcing the decision, explains to the perpetrator his duty.
The amount of the fine should be transferred to a special account of the court. According to the PEC, the execution of a fine should be carried out by the guilty party voluntarily. If a citizen evades payment, the amount may be collected from him forcibly.
The order of execution of the penalty
The perpetrator must pay the amount established by the court within a month from the date of entry into force of the decision. The law, however, allows for a postponement of the execution of a fine . In this case, the sentence should indicate the procedure for making the amounts. However, the first part of the collection is transferred to the appropriate account within 30 days. from the date of entry into force of the judgment of the court.
The bailiff warns the culprit that in case of violation of the term for the execution of the fine, the amount will be collected forcibly.
If the convicted person or his representative did not appeal the verdict, the established amount can be paid even before its entry into force. A receipt confirming the execution of the penalty in the form of a fine must be presented to the court registry.
Funds received in a special account are turned into state revenue.
Forced execution of a fine: concept
From the above information, it becomes clear that the punishment is executed simultaneously. The essence of the execution is to pay the imputed amount in favor of the state by transferring it to a special account. Meanwhile, in practice, there are many problems of the execution of the penalty. The key of these is the application of coercive measures in the collection of imputed amounts.
The order of execution of the fine is defined in the PEC and the provisions of the Federal Law No. 229.
In case of non-payment of the amount at the appointed time, the bailiff accepts the executive document for production. Within three days, he makes a decision to start the production of IL. For compulsory and penalties in the form of a fine, an employee of the FSSP can take interim measures, for example, seize property.
Features of foreclosure
In order to enforce a fine, a penalty may be imposed on:
- The property of the guilty person through the arrest of material assets and their sale.
- Earnings, retirement, scholarships and other amounts received by the convicted person in the form of income.
- Money, material assets belonging to the guilty, but held by other citizens.
The penalty may be imposed on any property of the convicted person: on a share in the common property, capital of a commercial company, securities, other valuables, including those held in financial and credit institutions or transferred to trust management.
Seizure of funds in foreign currency
In the case of the enforcement of the fine, all seized foreign currency belonging to the convicted person shall be seized and handed over to a financial institution for subsequent sale. The basis for the sale of funds is the decision of the employee of the FSSP.
The amount of foreign currency that is needed to pay the fine is sold. If the amount is insufficient, the penalty may be imposed on other values belonging to the debtor, including those pledged and in common ownership with other persons.
Collection of income
When assigning the execution of punishment in the form of a fine forcibly from earnings or other receipts of the offender, no more than 50% of the amount receivable may be withheld. If the convicted person fulfills maintenance obligations, pays compensation for harm caused to the health / life of others, the total amount of deduction should not exceed 70% of earnings or equivalent income.
Exceptions
There are a number of conditions for the execution of a fine . The collection, in particular, cannot be levied on the amounts of:
- Compensation for harm caused to life / health, including as a result of the death of the breadwinner.
- Paid to citizens who have been injured in the performance of official duties, as well as to relatives in the event of the death of these persons.
- Believing single mothers / fathers, large families, etc.
- Paid for work in hazardous / hazardous or extreme production conditions.
This list is not exhaustive. Other exceptions may be established in the law.
FSSP employee rights
In order to implement the measures necessary for the execution of a court verdict, the bailiff can go into the premises where the guilty person lives or in which his property is located, inspect the storage facilities (pantries, basement, cabinets, shed, etc.). If necessary, the employee can open these stores.
An employee of the FSSP has the right to compile an inventory of material assets, seize them, seize and transfer them to custody to competent authorities. An exception is property withdrawn from circulation.
In cases stipulated by law, the actions of the bailiff are carried out in the presence of witnesses.
Property not subject to seizure
The penalty cannot be imposed on material values that are minimally necessary for the guilty person and the citizens who are dependent on him. Their list is enshrined in article 446 of the Code of Civil Procedure.
In accordance with the norm, the collection, for example, cannot apply to the following property owned by the perpetrator:
- Residential premises or parts thereof, if they are the only suitable place for permanent residence for the debtor and his close relatives. An exception is an object located in a mortgage, if, according to the legislation on the mortgage, a penalty may be imposed on it.
- The plot of land on which the immovable object is located, which is the only suitable place for permanent residence of the debtor and his relatives. The exception is allotments in the mortgage, if they, in accordance with the law, may be subject to foreclosure.
- Household items, items for personal use (shoes, clothes). Exceptions are luxury goods (jewelry, etc.).
- Property used to carry out professional activities of the debtor. Exceptions are items whose price is more than 100 minimum wages.
- Food and cash, the amount of which is not less than 3 values of the living wage of the debtor and persons who are dependent on him, and in case of their disability - six times the size of the living wage for each entity.
Limitation period
It is referred to in article 103 of the Federal Law No. 229. A writ of execution may be presented after the entry into force of the sentence:
- Within two years in the case of conviction for a crime for which the minimum sentence of imprisonment is set for a term not exceeding 3 liters.
- Within 6 years for a negligent act for which the Criminal Code provides for a maximum sentence of no more than 3 years in prison, as well as deliberate assault, the term of punishment for which is 3-5 years in prison.
- Within 10 years, if the subject is convicted of a deliberate act, the maximum term of imprisonment for which is 5-10 years.
- Within 15 years, if the subject committed a deliberate crime, the term of imprisonment for which is more than 10 years or a stricter sanction is provided.
Features of compliance with the requirements of IL
The executive document is sent to the bailiff along with a copy of the sentence and the order for its execution. The requirements contained in the IL must be implemented within 60 days. from the date of entry into force of the sentence. If the proceedings were instituted 45 or more days after the entry into force of the judgment, the penalty must be collected within 15 days. from the date of the opening of enforcement proceedings.
The nuances of recovery
If after 10 days. after the expiration of the period allotted for the voluntary repayment of the obligation, the debtor does not pay the amount assigned as the main sanction, the bailiff sends a petition to replace the fine with a tougher punishment to the court that passed the sentence.
In such cases, enforcement measures may be applied if:
- The amount to be collected was not paid by the debtor by the due date, and the court rejected the request to replace the collection with a more severe punishment.
- The amount assigned as an additional sanction was not paid by the perpetrators at the appointed time.
- The fine imputed to the minor was not paid by the person on whom the court assigned this duty within the time allotted for the voluntary repayment of the debt.
Responsibility
It is provided for in case of malicious evasion of the perpetrator from payment of the imputed fine. This, in particular, is about situations where the convict had the opportunity to repay the obligation, but did not, despite warnings by the bailiff. For example, the subject leaves his job and hides his property and money from the inventory.
In case of malicious evasion of the execution of the punishment, the fine can be replaced by a more severe sanction: correctional labor of compulsory execution, arrest.
The legislation does not fix the strict restrictions that a court must follow when changing sentences. The solution to this issue remains at the discretion of the court.
Sanctions Replacement Features
It is not allowed to appoint imprisonment instead of a fine in case of malicious evasion of its payment. However, a pecuniary punishment may be replaced by correctional labor. In case of evasion from serving, the court may replace them with imprisonment in accordance with the rules of Article 50 of the Criminal Code.
When replacing the fine with compulsory labor, the convicted person must perform socially useful tasks in his free time (from studies / work). Their types are determined by the structures of territorial power.
If a citizen viciously avoids serving compulsory labor, they can be replaced by arrest or restriction of liberty.
Production suspension
The proceedings should be suspended upon the issuance by the authorized person of the relevant resolution, as well as upon filing a lawsuit to exclude certain property from the inventory. The bailiff’s activities to recover a fine shall be resumed upon cancellation of the said decision or after the entry into force of the decision on the claim.
The suspension of production may also be associated with:
- The debtor being on a long business trip for work or on vacation outside the place of execution of executive actions.
- Staying in hospital for treatment.
- Filing a complaint about actions / inaction and decisions of the bailiff.
- The search for the culprit or his property.
The resumption of production in these cases is carried out after the disappearance of the circumstances that caused its suspension.
Cash collection under the Code of Administrative Offenses
The execution of an administrative penalty in the form of a fine has a number of features that distinguish it from the performance of an obligation imputed by a court judgment.
The monetary penalty must be paid within a month from the date of entry into force of the decision. If the subject has not done this, he will be held administratively liable again.
In the absence of a document confirming the payment of the fine by the due date, the body, judge, employee who issued the relevant decision shall forward the case file to the bailiff for enforcement. In addition, these entities make a decision on re-bringing the non-payer to responsibility, in accordance with the provisions of Part 1 of Article 20.25 of the Code of Administrative Offenses.
It should be said that non-payment of a fine is not recognized as a continuing offense. The statute of limitations for prosecution for evading an imputed duty will begin on the 31st day, that is, after the full expiration of the period allotted for the voluntary payment of the amount imputed to the perpetrator.
Cases of administrative violations provided for in paragraph 1 of Article 20.25 of the Code of Administrative Offenses are recognized as instituted at the time of drawing up the protocol in accordance with paragraph 2 of Part 4 of Art. 28.1 of the Code. The document can be executed in the absence of the entity that has not paid the fine, if this citizen was duly notified of the time and place of preparation, and also received clarifications about his rights and obligations.
Consideration of cases of an offense provided for in paragraph 1 of Article 20.25 of the Code of Administrative Offenses, taking into account part 1 of article 23.1 of the Code is referred to the competence of the court. Due to the fact that the legislation provides for the possibility of applying administrative arrest to a defaulter, a protocol on an offense must be sent to a judge for consideration immediately after drawing up.
additional information
The case of an offense provided for by Part 1 of Article 20.25 of the Code of Administrative Offenses is considered within the time period established by Part 4 of Art. 29.6 of the Code.
A violation expressed in evading the payment of an imposed administrative fine in the allotted period for this is considered inaction. The place of its commission is the place of residence of the obligated subject. Accordingly, the proceedings will be carried out in a court of law located at the address of the non-payer.
Failure to pay a fine is not a continuing offense, therefore, the statute of limitations for it will begin to flow not from the moment it is detected, but at the time it is committed. Accordingly, in order to avoid violation of the principle of the inevitability of punishment, the authorized bodies and employees are obliged to timely respond to the fact of violation and comply with the requirements of Article 28.5 and 28.8 of the Code of Administrative Offenses. The first refers to the timelines set for the preparation of the protocol, and the second refers to the timeliness of sending the case file (with the protocol attached thereto) to the court for consideration on the merits.
You can hold a person liable for non-payment of a fine within 3 months. from the date of the violation.