CRIMINAL CODE OF THE REPUBLIC OF ALBANIA   |   7895

Article 34: Punishment to fine

The punishment to a fine consists in paying an amount of money to the benefit of the state within the range provided for by law.

The punishment to a fine shall be imposed on persons committing crimes or criminal contraventions.

Persons committing crimes shall be subject to a fine ranging from 100 000 up to ten million ALL.

Persons committing criminal contraventions shall be subject to a fine ranging from 50 000 up to three million ALL.

For the persons committing crimes with the motive of obtaining assets or any other material benefit, the Court shall, pursuant to Article 36 of this Code, decide to confiscate the instruments of the commission of the criminal offence and the proceeds of the criminal offence or, in their absence, a punishment to a fine ranging from 100 000 up to five million ALL.

The court shall impose the sentence to a fine, after having investigated about the solvency of a person. The solvency shall be determined based on a person's personal and property situation, and other circumstances related thereto. The fine must be paid within the deadline set out in the court decision.

The court may, taking into account the economic situation of the defendant, allow him to pay his fine by installments, setting out the instalment amounts and the payment deadlines.

If a convicted person fails to pay a fine, and that fine cannot be collected through compulsory execution, the court shall decide to replace the fine with imprisonment, where five thousand ALLs shall be equal to one day of imprisonment.

Where a convicted person fails to pay the fine in due time for no fault of his and if the criteria on which the fine was determined have changed after the decision was issued, and do not obviously justify payment of the fine, the convicted person may request:

a)postponement of the deadline for the payment of the fine for a period of up to six months;

b)performance of work in public interest.

If the court orders performance of work in public interest, the rules of Article 63 of this Code shall apply.

If the fine is not paid even after the postponement, or if the convicted person fails to perform work in public interest, the court shall decide to replace the fine with imprisonment.

When the fine is not paid in due time, the court decides on replacing the fine with imprisonment, calculating 5 000 ALL per one day of imprisonment.

When the fine is imposed for a crime committed, its replacement with imprisonment cannot exceed three years, whereas when is imposed for a criminal contravention, the replacement cannot exceed one year of imprisonment, but always without exceeding the maximum of imprisonment provided for by the relevant provision. If no imprisonment is provided for by the criminal provision, the maximum prison sentence shall be considered six months.

When the person convicted, as above, pays off his fine during the imprisonment term, the court revokes the sentence and makes the calculations under the criteria of paragraph 8 of this Article.

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