fine

Main differences of fines

1. Different nature: fine belong to punishment ; The fine belongs to administrative sanction 。

2. The payment time is different: the payment time of the fine is specified by the judgment; In addition to paying the fine on the spot, the fine shall be paid on the Administrative penalty decision It shall be paid within 15 days from the date of signing.

3. The amount is different: the amount of the fine is usually higher than the fine.

4. The decision organ is different: the fine is decided and executed by the people's court; The fine shall be decided by the corresponding administrative authority.

5. The applicable objects are different: the applicable objects of fines are criminals; The applicable objects of fines are those who violate the laws of administrative departments statute The person who rules.

How about not paying the fine

The fine shall be paid once or in installments within the time limit specified in the judgment. If the payment is not made within the time limit without any reason, the people's court shall compel the payment. If the compulsory payment still fails to pay in full, the people's court shall recover the property of the person subjected to execution at any time, including after the execution of the principal sentence has been completed.

If the court has ruled, but you refuse to pay the fine and serve your sentence in prison, you cannot Commutation of sentence , Announce probation Of, Probation period After that, the court will recover the fine. The court will execute the fine after the sentence is completed and released. When executing, the court may adopt Enforcement measures.

The fine shall be paid once or in installments within the time limit specified in the judgment. If the payment is not made within the time limit without any reason, the people's court shall compel the payment. If the compulsory payment still fails to pay in full, the people's court shall recover the property of the person subjected to execution at any time, including after the execution of the principal sentence has been completed. If it is really difficult to pay a fine due to an irresistible disaster, the criminal may apply to the people's court for reduction or exemption. After verification, the people's court may order a reduction or exemption of the amount of fine determined in the original judgment. If the administrative organ has already imposed a fine on the defendant for the same fact, the people's court shall offset the fine when imposing it.

What to do if you can't pay the fine

Fine is our country criminal law The supplementary punishment stipulated in is a kind of property punishment, which is a measure to impose property punishment on criminals. Where a court imposes a fine on a criminal, there is no fixed amount standard, which shall be determined according to the specific circumstances of the crime. The fine penalty may be applied separately or in addition. The fine is mandatory, that is, it requires the criminal to pay it. If the criminal fails to pay or delays the payment without proper reasons, the court will enforce the criminal's personal legal property. If the payment is not completed after the execution, the people's court can execute it at any time when it finds that the criminal has property that can be executed.

criminal action In the case, after the people's court sentenced the criminal, the criminal who was sentenced to a fine must pay the fine within a certain period of time. When the people's court sentenced the criminal to a fine, it would stipulate the time limit for paying the fine and specify the method of payment in the judgment. There are two ways to pay fines: one-time payment and installment payment. The one-time payment is mainly for the small amount of fines or the situation that although the amount of fines is large, it is not difficult for criminals to pay the fines at one time. According to the actual situation, it is really difficult for criminals to pay the fines at one time, The people's court may set a time limit for the criminal to pay in installments. The length of the time limit for paying the fine shall be determined by the actual economic situation of the criminal and the possibility of the criminal paying the fine.

Penalty standard of administrative penalty

Administrative punishment is a fine, not a fine.

The regulations and rules set a certain range of fine penalties, and the discretionary basis shall be divided into lighter punishment, general punishment and heavier punishment depending on the circumstances within the range. The district (city)/county government may make a decision to control the upper limit of the fine according to the objective conditions of the local economy, society, culture, etc. However, those involved in illegal acts endangering national security, public security, personal health, life and property safety, environmental protection, etc. are excluded.

The amount of penalty shall be determined according to the following standards

1. The penalty is one Deposit In case of multiple of amount, more than three levels shall be divided between the highest and lowest levels. The general punishment shall be the middle level, the lighter punishment shall be lower than the middle level, and the heavier punishment shall not be lower than the middle level.

2. If a fine is of a certain amount, it shall be divided into three or more levels between the maximum amount and the minimum amount (if the ratio of the maximum amount to the minimum amount is more than four times, it shall be divided into punishment levels according to the times of the amount). Generally, it shall be punished according to the middle level. A lighter punishment shall be lower than the middle level, and a heavier punishment shall not be lower than the middle level.

3. If only the maximum amount of fine is specified but the minimum amount of fine is not specified, the general penalty shall be 40% to 60% of the maximum amount of fine. Laws and regulations set a certain range of fine penalties. The discretionary benchmark shall be divided into light punishment, general punishment and heavier punishment depending on the circumstances within the range of the range.

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Amount of overdue fine of administrative penalty

Administrative punishment is a fine, not a fine.

《 Administrative Compulsory Law 》Article 45 stipulates: "If an administrative organ makes an administrative decision on a pecuniary payment obligation in accordance with the law, and the party fails to perform within the time limit, the administrative organ may impose a fine or late payment fine according to the law. The standard for imposing a fine or late payment fine shall be notified to the party. The amount of the additional fine or late payment fine shall not exceed the amount of the pecuniary payment obligation."

Article 45 of the Administrative Compulsory Law is about fines and late fees. Imposition of fine or late payment of metal in administrative compulsory execution. Enforcement penalty is an indirect enforcement measure that the administrative enforcement organ imposes new monetary payment obligations on the administrative counterpart who refuses to perform the monetary payment obligations determined by the original administrative decision, so as to force him to perform the monetary payment obligations determined by the original administrative decision.

There are some similarities between the executive penalty and the fine in the administrative penalty, that is, both of them are based on the premise of administrative violations, and both impose certain monetary payment obligations on the administrative counterpart. However, there are principled differences between the two in nature and function.

First, the purpose of executing the penalty is not to impose monetary penalty on the subject of obligation, but to urge the subject of obligation to perform its obligations that should be performed but have not yet been performed by punishing a certain amount of money; Fines are monetary sanctions against administrative violations that have occurred.

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How to impose a fine for theft

According to Article 14 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Theft, if a person commits theft and is sentenced to a fine according to law, he shall be fined not less than 1000 yuan but not more than twice the amount of theft; If there is no amount of theft or the amount of theft cannot be calculated, a fine of not less than 1000 yuan but not more than 100000 yuan shall be imposed.