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Federal law dated July 3, 2016 No. 323-FZ amends the criminal code and the code of criminal procedure of the RUSSIAN FEDERATION related to the introduction of such measures under criminal law as a judicial penalty, and the procedure for exemption from criminal liability in connection with his appointment.
Section 104.4 of the CRIMINAL CODE defines a court fine.
The court fine is a fine imposed by the Court at the release of a person from criminal liability in the cases provided for by law.
The court fine is assigned to a person who has committed a crime for the first time the small and moderate, if the person is reimbursed or otherwise make good the damage caused by the crime of harm.
The size of the court fine may not exceed half of the maximum amount of the fine provided for in the corresponding article of the criminal code. If the fine is not stipulated in the corresponding article of the special section of the criminal code, its size may not exceed 250 000000 (two hundred fifty thousand) rubles.
Court fine size is determined by the court taking into account the seriousness of the offence and the property on when individuals to the freed from criminal liability, and his family, as well as taking into account the possibility of receiving the specified person of the salary or other income.
When imposing a punishment in the form of a court fine and prosecute the criminal case against the perpetrator shall be subject to termination. This is possible both at the stage of preliminary investigation and in court. Damage caused by a crime should be compensated the victim.
If during the investigation of the criminal case it is determined that there are grounds for the termination of the criminal case or criminal proceedings against the suspect, the accused, the investigating authorities officials are turning to the Court for termination of the criminal case against the perpetrator and appointing him the court fine. Such an application together with the materials of the criminal case goes to court, a copy is sent to the suspect, the accused, the victim and civil plaintiff.
The petition before the Court within 10 days from the moment of his admission in court, with the obligatory presence of the suspect, the accused and his defence counsel, the victim and the Prosecutor.
When establishing the Court grounds under article 25.1 of the CODE of CRIMINAL PROCEDURE, providing for the termination of the criminal case or criminal prosecution in connection with the appointment of a court fine, a court determines the amount of the fine, the order of payment, as well as the time within which the person obliged to pay it. The judge's ruling can be appealed by the parties to the appeal to a higher court.
Control over the execution of the court fine is imposed on the bailiff. If after 10 calendar days from the date of the expiration of the term of payment of court fine Executive Officer had no information on payment by the debtor to the respective amounts of money, he sends to court representation on the abolition of measures of criminal law and the decision of the question of attracting criminal responsibility.
In this case, the Court cancels the decision on the appointment of a court fine and sends materials to the head of the investigative body or Prosecutor to prosecute the perpetrator in a general way.
Senior Assistant Prosecutor
Chelyabinsk L.i. Shemyakina