(7) A minimum daily amount of fine is 1/60 and a maximum amount is 1/3 of the most recent officially
published employee’s average net salary in the Federation, as published by the Agency of Statistics of the
Federation.
(8) The deadline for payment of the fine is determined in the judgement, but may not be shorter than fifteen
days or longer than six months, but the court may allow in justified cases that the convicted person pays the
fine in instalments, whereby the deadline for payment may not exceed two years.
(9) Fines imposed and collected under this Code shall be credited to the Budget of the Federation.
Article 48
Substitution of Fine
(1) Fine shall not be collected by force.
(2) If a fine is not paid in full or in part within the period determined in the judgement, the court shall,
without delay, issue a decision to substitute the fine by imprisonment.
(3) The fine shall be substituted by imprisonment in such a way that each daily amount started, or if the fine
was imposed in a fixed amount each 50 KM started, is substituted by one day of imprisonment, whereby the
imprisonment may not exceed one year.
(4) If the convicted person has only paid a portion of the fine, the remaining amount will be proportionally
converted into imprisonment and if he then pays the remaining amount, the execution of imprisonment
ceases.
Article 49
General Principles of Meting out Punishments
(1) The court shall mete out the punishment for the perpetrator of a criminal offence within the limits
prescribed by law for that criminal offence, having in mind the purpose of punishment and taking into
account all the circumstances bearing on the magnitude of punishment (extenuating and aggravating
circumstances), and in particular: the degree of criminal responsibility, the motives for perpetrating the
offence, the degree of danger or injury to the protected object, the circumstances in which the offence was
perpetrated, the personal history of the perpetrator prior to the perpetration, his personal situation and his
conduct after the perpetration of the criminal offence, as well as other circumstances related to the person of
the perpetrator.
(2) In meting out the punishment for the perpetrator of a criminal offence perpetrated in recidivism, the
court shall take into special consideration whether the most recent offence is of the same type as the previous
one, whether both acts were perpetrated from the same motive, and the period of time which has elapsed
since the previous conviction or served or pardoned punishment.
(3) In meting out a fine, the court shall take into consideration also the situation of the perpetrator in terms
of property, taking into account the amount of his salary, his other income, his assets and his family
obligations.
Article 50
Reduction of Punishment
The court may met out the punishment for the perpetrator below the limit prescribed by the law, or
impose a less severe type of punishment:
a) When law prescribes that the perpetrator may be punished less severely; and
b) When the court determines the existence of highly extenuating circumstances, which indicate that the
purpose of punishment can be also attained by a reduced punishment.
Article 51
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