(5) The court ruling shall specify the term of payment which may not be shorter
than fifteen or longer than three months. Where so justified, the court may allow the
convicted person to pay the fine in installments, provided that the payment deadline is
not longer than within one year.
(6) Where a convicted person does not pay a fine within the deadline set thereof,
the court shall replace the fine by a prison term by substituting each twenty-five euro
amount in his fine by one day of prison term, provided that the prison term does not
exceed six moths, and where a fine exceeding nine thousand euros is imposed, the prison
term may not be longer than one year.
(7) Upon prior consent of the convicted person, an outstanding fine not
exceeding two thousand euros may be substituted by community work and not by a
prison term. Each twenty-five euro amount of his fine shall be substituted by eight hours
of community work, provided that the community work does not exceed three hundred
and sixty hours.
(8) Where the convicted person pays only part of the fine, the court shall
substitute the remainder by a prison term on a pro rata basis, and where the convicted
person pays the remainder of the fine, his service of the prison term shall be suspended.
(9) The fine may not be enforced in the event of death of the convicted person.
Amount of Daily Fine
Article 40
(1) In the cases when it is possible to establish the perpetrator’s assets and
liabilities, the court may pronounce a fine in daily amounts.
(2) The number of daily fines may not be less than ten or more than three
hundred and sixty. The number of daily fines to be imposed for the criminal offence
committed shall be set in accordance with the general rules on fixing of punishment as
laid down in Art.42 hereof.
(3) The amount of daily fine shall be determined by dividing the difference
between the perpetrator’s assets and liabilities in the previous calendar year by the
number of days in a year, whereby the daily fine must be more than five and less than
one thousand euros.
(4) The total amount of fine shall be calculated by the court by multiplying the
number of daily fines by the amount of the daily fine.
(5) In determining the value of daily fines the court may request data from banks
and other financial institutions, state authorities and legal entities which shall
communicate the data requested and which may not invoke protection of business or
other secrets.
(6) Where it is not possible to obtain reliable data on perpetrator’s assets and
liabilities, or where the perpetrator does not earn any income but is the owner of
property or holder of property rights, the court shall use the available data and
determine the amount of daily fine at its own discretion.
(7) The provisions of Art. 39, paras 3 through 9 hereof shall also apply when a
fine is imposed in compliance with the above provisions.