Fine

The penalty is widely used in criminal law of many countries of the world: it is the first widespread criminal punishment in England and the USA, in France it is in the first place among property punishments, and the law of Germany recognizes it as the second main punishment, it is applied in many other countries, including in the Russian Federation ^[1] .

The advantages of the fine as a type of criminal punishment include the following: a reduction of the prison population, the exclusion of contact of those convicted of crimes of a low degree of danger with “entrenched” criminals; small overhead costs associated with the execution of this type of punishment (there is no need to create special executive bodies); income generation in the state budget; the opportunity to individualize the punishment imposed depending on the property welfare of the convicted person; the possibility of applying measures that encourage law-abiding behavior (postponement and installment payment by installments, a reduction in the size of the fine with respectable behavior) ^[1] .

The penalty can be used as an independent measure of punishment. The list of acts that can be punished with one fine, without the use of other measures, is usually very wide: for example, in France, it includes such acts as careless infliction of death; intentional violent acts that caused injury or chronic illness of the victim; sexual aggression, not related to rape; drug trafficking; leaving a person in danger, etc. ^[1]

In addition, a fine may be imposed in the substitution of a less severe punishment or at the same time as a different type of punishment: for example, in the USA, the penalty in most cases is combined with sentencing in the form of imprisonment or probation ^[1] .

Recently, the practice of law enforcement agencies includes new types of penalties: for example, in many countries, fines are applied (regular payment of certain sums of money to the state budget for a certain period of time) ^[1] .

In Germany, there is a practice of assigning property fines , the essence of which boils down to a one-time payment to the state of an amount, the amount of which is determined by a certain share of the total value of the property of the convicted person ^[1] . It is indicated that such fines essentially perform the function of seizing the convicted property, which is allegedly obtained by criminal means, which brings them closer to confiscation of property ^[2] .

The amount of the fine is determined by the court, taking into account the property status of the convicted person and should not lead to his excessive financial burden. Quite often, the law provides for the possibility of providing benefits related to the payment of fines: installment payments, exemption from paying part of the fine in the case of good conduct of the person, etc. ^[1]

If the fine is not paid to convicts, as a rule, it is replaced by a punishment involving deprivation of liberty ^[1] .

Penalty as a form of criminal punishment

Penalty in the history of criminal law

For the first time, the penalty as a type of punishment was mentioned in the treaties of Oleg (911 year) and Igor (944 year) with the Greeks: the penalty in the form of a fine was due to the use of weapons by any of the representatives of one party to the contract against a representative of the other party ^[3] .

Later, the fine under the names "vira" and "sale" was widely used as a punishment even for such crimes as murder and causing bodily harm. It was used as a means of redressing “offenses,” by which was meant the commission of a crime ^[3] .

With the strengthening of the role of state institutions of power, the penalty as a form of punishment gave way to the death penalty and the trade penalty; it was preserved only for such minor crimes as omission in service, insult, slander, beating, etc. The fine began to be widely used again only when the capitalist economic method became widespread ^[3] .

According to the Code of penalties of criminal and correctional 1845 differed:

• fines entering the treasury
• fines entering the parishes of the public charity and other generally useful institutions.

The Criminal Code of 1903 also provided for two types of fines:

• monetary penalty;
• monetary penalty.

The penalty was the main type of property penalties in the criminal law of that time.

The penalty occupied one of the most important places in the legislation of the RSFSR. It was widely used in the early years of Soviet power (over 50% of convicts were fined) ^[3] . Officially, the appointment of a fine during this period was explained as follows:

The penalty should be so large that it simultaneously performs the role of a capital operation and deprives our active opponents of their main weapon in the struggle with us - capital.

- “Truth” ^[4]

Penalties were provided for in many offenses of the criminal codes of 1922, 1926 and 1960, however, only a small number of convicts were fined ^[5] .

Penalty in current legislation

The current Criminal Code of the Russian Federation provides for quite a few corpus delicti for which it is possible to impose a fine: in the total number of them more than 40% ^[6] . Despite this, the fine is applied quite rarely: the proportion of all convicted to a fine in 1994 was 9.8%, in 1995 - 12.0%, in 1996 - 13.1%, in 1997 - 7.9%, in 1998 - 5.9%, in 1999 - 5.5%, in 2000 - 6.2%, in 2001 - 6.3%, in 2002 - 6.3% ^{[6] [ 7] [8]} of the total number of convicts.

The Criminal Code of the Russian Federation of 1996 in article 46 calls a fine as one of the types of criminal punishment - this is a monetary penalty imposed in the limits of the Criminal Code of the Russian Federation. A fine can be imposed both as a principal and as an additional form of punishment. But, unlike other additional types of punishment, a fine can be imposed only in cases provided for by the sanctions of the relevant articles of the Special Part of the Criminal Code of the Russian Federation.

Basically, a fine is imposed for crimes of small and medium gravity, and those that are of a material nature, as well as for unwary crimes ^[9] . It is suggested that the fine is not aimed at correcting (re-educating) a criminal, but is a kind of “last warning” to the guilty person about the need to be more attentive and refraining, but this viewpoint does not rely on legislation that provides for the correction of the criminal as a general goal of punishment ^{[ 10]} .

The amount of the fine is:

• from five thousand to five million rubles ;
• or the amount of wages or other income of the convicted person subject to taxation for a period from two weeks to five years;
• or calculated in terms of the magnitude, the multiple value of the item or amount of commercial bribery, bribe or the amount of illegally transferred cash and / or the value of monetary instruments.

Regardless of what method of calculating the amount of the fine will be chosen by the court, the fine is a monetary penalty, it can not be paid in the form of deductions from earnings ^[11] .

A fine in the amount of 500 thousand rubles or in the amount of the salary or other income of the convicted person over a period of more than 3 years can be imposed only in cases specifically provided for in the sanctions of the articles of the Special Part of the Criminal Code, except for cases of calculating the fine based on a multiple of the sum or the value of the subject of the crime.

A fine calculated on the basis of a value that is a multiple of the amount of commercial bribery , bribe or the amount of illegally transferred cash and (or) the cost of monetary instruments is set at a rate up to 100 times the specified amount, but cannot be less than 25 thousand rubles and more than 500 million rubles.

In determining the amount of the penalty should be considered:

• the severity of the crime;
• property status of the convicted person and his family;
• the possibility of a convicted person receiving wages or other income.

Taking into account the same circumstances, the court may impose a fine with installments on the payment of certain parts for up to five years. If there is no such installment plan, then the convict is obliged to pay the entire amount of the fine within 60 days from the day the court sentence enters into legal force. However, if the sentence is passed without installment payment of the fine, and the convict is not able to pay the fine at the same time, the court, at his request and the conclusion of the bailiff, may install payment of the fine for up to three years. Both convicted to a fine with installment payment, and convicted, in respect of whom the court subsequently decided to defer payment of the fine due to the impossibility of the convicted person to pay the fine at one time, are obliged to pay the first part of the fine within 60 days from the date of the verdict or the court decision. The remaining parts of the penalty the convict is obliged to pay monthly.

In the case of malicious evasion from the payment of a fine, appointed as the main punishment, it is replaced by another punishment, with the exception of imprisonment . This provision does not apply to convicts for commercial bribery , giving and receiving bribes , mediation in bribery, as well as other crimes for which a penalty of a multiple of the value of the subject of the crime. In this case, the fine is replaced by a punishment within the limits of the sanction provided for by the corresponding article of the Special Part of the Criminal Code. The punishment cannot be conditional .

In relation to the convicted person, who maliciously refuses to pay the fine, appointed as an additional punishment, the bailiff shall collect the fine in a compulsory manner. A convict who has not paid the fine or a part of the fine within the time period specified by law shall be deemed to be maliciously evading the payment of the fine. A convicted person who evades punishment, who has an unknown whereabouts, is wanted, and can be detained for up to 48 hours. This period may be extended by the court up to 30 days.

Forced collection may not be applied to the following types of property: a dwelling house, an apartment, or their separate parts, if the convict and his family reside in them (no more than one house or one apartment per family); clothes, shoes, linen, bedding, kitchen and table utensils that were in use; vehicles specifically designed for the movement of persons with disabilities, etc. (art. 446 Code of Civil Procedure of the Russian Federation).

If the penalty is imposed as the main punishment for the convicted person, to whom, during the investigation and consideration of the criminal case, a preventive measure in the form of detention was applied, the court, taking into account the period of detention, either reduces the amount of the fine or completely exempts it from this punishment (Part 5 of Art. 72 of the Criminal Code of the Russian Federation).

A minor may be fined if the minor has a convicted independent salary or property that can be recovered, or in the absence of such. A minor may be fined in the following amounts:

• from 1,000 to 50,000 rubles;
• in the amount of the salary or other income of the convicted person for the period from two weeks to six months.

A fine imposed on a minor convicted person may, by a court decision, be levied on his parents or other legal representatives with their consent. This provision causes considerable controversy in the criminal law theory, since, in the opinion of many scholars, this violates the principle of personal responsibility inherent in criminal law.

A penalty cannot be assigned conditionally.

Administrative penalty

According to Article 3.5 of the Code of Administrative Offenses of the Russian Federation of 2001, an administrative fine is a monetary penalty, expressed in rubles and set:

• for citizens in the amount not exceeding five thousand rubles (in the cases provided for by article 14.1.2 of the Code of Administrative Offenses of the Russian Federation of 2001 - fifty thousand rubles, and in the cases provided for by articles 5.38, 20.2, 20.2.2, 20.18, part 4 articles 20.25 - three hundred thousand rubles);
• for officials - fifty thousand rubles (in the cases stipulated by article 14.1.2 - one hundred thousand rubles, and in cases provided for by articles 5.38, parts 1-4 of article 20.2, articles 20.2.2, 20.18 - six hundred thousand rubles);
• for legal entities - one million rubles (in the cases stipulated by articles 14.40, 14.42 - five million rubles).

An administrative penalty can also be expressed in a multiple of:

1. the value of the subject of an administrative offense at the time of termination or suppression of an administrative offense;
2. the amount of unpaid and payable at the time of termination or suppression of an administrative offense of taxes , fees or customs duties ;
3. the amount of illegal foreign exchange transactions ;
4. the amount of cash or the value of domestic and foreign securities written off and (or) credited with non-compliance with the established reservation requirement;
5. the amount of foreign exchange earnings , not sold in the prescribed manner;
6. the amount of funds not credited to the accounts with authorized banks in the established period;
7. the amount of money not returned to the Russian Federation within the prescribed period;
8. the amount of the unpaid administrative fine;
9. the amount of the proceeds of the offender from the sale of goods (work, services) in the market of which an administrative offense was committed, for the calendar year preceding the year in which the administrative offense was revealed, or for the previous date of the administrative offense detection part of the calendar year in which the administrative offense was revealed , if the offender has not carried out activities for the sale of goods (work, services) in the previous calendar year.

The size of the administrative fine, calculated on the basis of the grounds provided for in paragraphs 1-7, may not exceed three times the value of the subject of an administrative offense or the corresponding amount or value. The size of the administrative fine, calculated on the basis of the grounds provided for in paragraph 9, may not exceed one twenty-fifth of the aggregate amount of the proceeds from the sale of all goods (works, services) for the calendar year preceding the year in which the administrative violation was revealed or detection of an administrative offense is a part of the calendar year in which an administrative offense was revealed, if the offender did not carry out the sale of goods ( tons, services) in the previous calendar year.

An administrative fine cannot be applied to sergeants , foremen , soldiers and sailors undergoing military service as well as to cadets of military educational institutions of vocational education before concluding a military service contract with them.

• Judicial penalty
• Criminal penalty