Pre-trial fine in criminal law according to Article 446.2 of the Code of Criminal Procedure of the Russian Federation

A judicial fine in a criminal trial is a replacement of a real punishment, for a person who has committed a crime for the first time and has made amends, with a financial penalty.
If previously, for a minor offense, a subject could immediately find himself in a criminal environment, becoming a criminal element, now they are given a second chance at redemption, the opportunity to go the right, not illegal way. In 2016, significant amendments were made to the country's Criminal Code. Now, a subject who has committed a crime of minor or moderate gravity, with the consent of the participants in the process, compensation for harm or otherwise making amends, can be released from criminal liability. It will be replaced by a court fine. Multi-channel free hotline Legal advice on criminal law. Every day from 9.00 to 21.00

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Terms and procedure for collecting court fines

A criminal record in our country is a kind of sentence for life - the inability to get a normally paid job, a critical and disgusted attitude from society, a ban on holding certain positions (teacher, law enforcement, hired service in the Armed Forces, etc.).

A judicial fine as a measure of a criminal legal nature has its own collection characteristics and duration.

Writs of execution for imposing sanctions for an illegal act may be submitted for execution after the verdict becomes competent:

1. For 2 years, if a sanction is imposed instead of eliminating free movement for the same time.
2. Six years for a reckless offence, in the case of the prescribed method of fulfilling obligations - imprisonment for more than 2 years.
3. 6 years, if committing an intentional offense with conviction, arrest from 2 to 5 years.
4. Ten years, for a crime with intent, the liability for which is not less than 5 years, but not more than 10 years of imprisonment.
5. The statute of limitations is 15 years. For committing a grave and especially grave crime.

As can be seen from the information presented, the limitation period for presentation and demand for commission varies depending on the category of the offense.

In addition to the sheet, the bailiffs must be sent a copy of the verdict, as well as an order for its execution. The bailiff considers the information received and within three days makes a decision on the initiation/refusal of enforcement proceedings. If the outcome is negative, the reasoned refusal is sent to the Palace of Justice.

When initiating proceedings, the executor undertakes to recover the cost of damages within 60 days after the judicial conclusion enters into legal force. A period of time is given for repayment of the debt of 30 days. When providing payment in installments, the bailiff is informed about this. And he already in the decree determines the frequency of payments and the amount of payment.

The order on the need to pay is handed over to the debtor the next day after its acceptance, with mandatory notification of the consequences in case of evasion of the prescribed obligations.

The law prescribes specific cases of bailiffs’ prerogative for forced collection, namely:

• in the voluntary time provided, the debtor did not fulfill his obligations, and justice refused to replace the financial sanction with a more stringent one;
• within 30 days, the minor’s representative did not make payment;
• payment was not made at the specified time for the sanction as an amount of additional repression.

So, there will be no negative consequences for the debtor if the debt is returned to the state in a timely manner. But there is also a more favorable way out of the current situation for the guilty person.

If the investigator during the investigation detects the readiness of the subject to make amends, compensate for the damage incurred, when committing a criminal offense for the first time and active repentance, then a pre-trial fine may be imposed in a criminal case.

This will save a person from the pangs of conscience and the need for proceedings in courtrooms.

Comments on Article 104.4 of the Criminal Code of the Russian Federation

According to Part 1 of Art. 104.4 of the Criminal Code of the Russian Federation a judicial fine is a monetary penalty imposed by a court when releasing a person from criminal liability in cases provided for in Art. 76.2 of the Criminal Code of the Russian Federation. This court fine is not a punishment, much less a criminal punishment. This monetary penalty is a measure of a criminal law nature. Clause 7.1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 22, 2015 N 58 “On the practice of imposing criminal punishment by the courts of the Russian Federation” contains the following explanations:

“Taking into account the fact that a judicial fine imposed on the basis of Article 76.2 of the Criminal Code of the Russian Federation to a person released from criminal liability is not a criminal punishment, but refers to other measures of a criminal legal nature provided for in Section VI of the Criminal Code of the Russian Federation “Other measures of a criminal legal nature “, the rules of Article 46 of the Criminal Code of the Russian Federation do not apply to the assignment and execution of a court fine.”

Material compensation and features of its purpose

A fine means some restriction of material freedom for a specific price in money. This measure in criminal proceedings is introduced both basic and additional.

Situations of using financial satisfaction as the main punishment:

1. Replaced by the toughest one.
2. Replacement of the remaining period of serving a prison term with a milder one.
3. The jury returned a verdict of leniency.

Monetary compensation, as a rule, acts as a lenient measure, providing an opportunity for correction to the person who has stumbled.

As a secondary method, financial compensation is regulated by articles of the special part of the code.

The cost of collection is fixed depending on the category of the offense, the property wealth of the convict’s family, and the opportunity to earn this money (work or non-work in the colony).

Practice of applying court fines

Precedents indicate that, if there are grounds, petitions are granted. The initiators of establishing a monetary payment are the investigative authorities, the defendants themselves. The opinions of the prosecutor's office and the injured party are also taken into account.

There are examples when a court fine was imposed at the appeal stage. Here the reason lies in the non-compliance with the law by the courts of first instance.

In many cases, the penalties exceed the amount of damage. However, the accused agree with them, since there are no adverse consequences in the form of a criminal record. Well, as an illustration of what has been said, a description of several court decisions is given.

Determination of the court fine at the appeal stage

The lawyer, in the interests of his client, appealed to the Stavropol Regional Court against the decision of the district court. In accordance with it, the defendant was found guilty of committing actions provided for in paragraph “c” of Part 2 of Art. 158 of the Criminal Code of the Russian Federation - theft on a significant scale. As a result, the court imposed a fine on her in the amount of ten thousand rubles.

The appeal stated that the defendant committed a crime of moderate severity for the first time. In addition, she apologized to the victim and returned her stolen mobile phone. Therefore, the first instance had every reason to terminate the criminal case and limit itself to a court fine.

The appeal ruling dated 08.20.2020 in case No. 1-280/2020 noted that the court committed procedural violations. Thus, he did not close the criminal case despite the presence of existing grounds for this. Therefore, the deficiency was corrected by the appellate court. She stopped the criminal prosecution of the citizen and imposed a court fine of 10,000 rubles on her.

Judicial fine initiated by the investigator

The investigation department petitioned the court to terminate the criminal case and impose a court fine against the citizen accused under Part 1 of Art. 264.1 of the Criminal Code of the Russian Federation – driving while intoxicated by a person previously brought to administrative responsibility. The appeal states that during the investigation, the man admitted his guilt and compensated for the harm by making a donation.

The defendant, for his part, supported the motion. The representative of the prosecutor's office also agreed with him.

As a result, by decision of the Osinovsky District Court of the Kemerovo Region dated November 27, 2020, the criminal case was discontinued in case No. 1-380/2020. The defendant was sentenced to a fine of 5,000 rubles. with a payment term of 2 months.

Statement from the defense

The Bizhbulyak Interdistrict Court of the Republic of Bashkortostan considered a criminal case against a citizen accused of stealing honey from a friend in the amount of 2,000 rubles. At the court hearing, the defendant, as well as his lawyer, filed petitions for release from criminal liability with payment of a court fine.

The court found that the defendant committed a crime of medium gravity for the first time. He compensated the victim for all damages. In addition, the victim confirmed in writing that there were no claims.

As a result, by a resolution dated November 26, 2020, in case No. 1-139/2020, the citizen was released from criminal prosecution. At the same time, he was imposed a fine of 5,000 rubles. with a two-month payment period.

When there are several defendants

The Kamyzyaksky District Court of the Astrakhan Region considered a criminal case against two citizens accused of committing a crime under Part 3 of Art. 256 of the Criminal Code of the Russian Federation – illegal fishing. It was established that the defendants caused damage in the amount of more than 13 thousand rubles through the prohibited catch of 4 pike perch.

During the trial, the defendants filed a motion to close the criminal case with payment of a court fine. It indicated an admission of guilt and voluntary compensation for the harm caused.

The court confirmed the existence of grounds for termination of proceedings. As a result, by the verdict of November 27, 2020, the defendants were released from criminal punishment. At the same time, they were given a fine of 20 thousand rubles each.

Assignment of financial compensation to minors

Child crime continues to subside. So, in accordance with Article 446.2 (Code of Criminal Procedure of the Russian Federation), a minor may be subject to monetary collection instead of another type of repression.

Financial penalties for a minor are applied in the following situations:

• with or without your own income and real estate;
• practice shows that the father and mother, guardians, and trustees have the right to compensate for damages based on a verdict;
• Amounts from 1 thousand to 50 thousand rubles are subject to refund, lasting from 2 weeks to six months.

A child who has taken an illegal path can pay for his actions on his own or his relatives have the right to do this.

Judicial fine as a measure of criminal law nature

We need to start with theory. According to Article 104.4 of the current Criminal Code (Criminal Code of the Russian Federation), a judicial fine is a sum of money imposed by the court as a result of the abolition of criminal liability. In essence, the conversation is about payment for refusal of further prosecution.

There are 2 conditions under which a suspect or accused has the right to count on a loyal outcome of the case.

The first is the commission of an act classified as non-serious or moderately serious for the first time. Here it is appropriate to provide a reference to clause 16.1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 27, 2013 No. 19 (hereinafter referred to as Resolution No. 19), which states that several crimes are not an obstacle to terminating a criminal case.

A person is considered to have committed a crime for the first time if he meets the criteria listed in paragraph 2 of Resolution No. 19. It is interesting that a previously convicted citizen can also apply for a fine, provided that he managed to have his criminal record expunged or it has already been expired.

The second condition is compensation in full for the damage caused by the accused and third parties acting in his interests. This includes payment of monetary compensation to the victim and voluntary return of stolen property. Other legal ways to make amends are also possible: apologizing, helping with treatment.

A few words must be said about the size of the fine. It is determined based on the nature of the crime committed, the financial situation of the defendant, and other factors.

According to Art. 104.5 of the Criminal Code of the Russian Federation, if a monetary penalty is provided for the committed act, then the judicial penalty should not exceed 50% of the maximum amount. When the corresponding article of the code does not provide for a fine, the upper limits are set at 250,000 rubles.

The consent of the suspect is required to terminate criminal proceedings. The law does not provide for taking it from the victim.

When does the law require payment of a fine and what is the payment procedure?

The procedure for fulfilling payment deadlines is regulated by Article 31 of the Criminal Code of the Russian Federation.
When the court verdict has entered into legal force, the convicted person is obliged to make payment within 30 days (if installments were not granted). In a situation where it is impossible to pay within the specified period, a person has the right to petition the court to grant him an installment plan. It is provided for up to 3 years. Part of the amount is paid within a month, the rest, upon satisfaction of the installment payments, is extended for the prescribed duration. The right to fulfill the obligation ahead of schedule. In case of constant evasion of payments, bailiffs again prepare the case for review.

It is unlikely that it will be possible to stop the criminal prosecution a second time. If, in addition to non-payment, the debtor is constantly hiding, then the bailiff puts him on the wanted list and subsequently has the right to detain him for several days.

Payment can be made:

• in any branch of a banking organization;
• by mail;
• through an ATM;
• using the online service.

For conscientious and truly repentant people, there will be no obstacle to payment, either by place, or by method, or for any other absurd reason.

Bailiffs provide all the necessary paper support - a writ of execution, a copy of the verdict, checks indicating the details, cost and duration of transfer of funds.

Consequences of evading payment of a court fine

If a person evades payment of the court fine assigned to him within the prescribed period, the judge (court), on the recommendation of the bailiff, cancels the decision (ruling) to terminate the criminal case or criminal prosecution and impose a criminal law measure in the form of a court fine (clause 21.1 Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 2011 N 21 “On the practice of courts’ application of legislation on the execution of sentences”). In this case, the judge forwards the materials of the criminal case, previously terminated at the request of the investigator, the inquiry officer, respectively, to the head of the investigative body (if a preliminary investigation was carried out in the case) or to the prosecutor (if the investigation was carried out in the form of an inquiry), who are obliged to organize further proceedings in the criminal case in general order (see Article 446.5 of the Code of Criminal Procedure of the Russian Federation). If a resolution (ruling) to terminate a criminal case or criminal prosecution and to impose a criminal law measure in the form of a judicial fine was made by the court during judicial proceedings (preliminary hearing or trial) in a criminal case received by the court with an indictment, an indictment act or indictment, then the court, after canceling the decision (ruling), continues to consider the criminal case in the general manner (clause 25.9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 27, 2013 N 19 “On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability” ).

You should also pay attention to the following. According to Part 2 of Art. 104.4 of the Criminal Code of the Russian Federation, in the event of “non-payment of a court fine within the period established by the court, the court fine is canceled and the person is brought to criminal liability under the relevant article of the Special Part” of the Criminal Code of the Russian Federation. This provision should not be interpreted literally. A person is brought to criminal liability under the relevant article of the Special Part of the Criminal Code of the Russian Federation only if during the trial the court finds him guilty. The mere fact that the suspect (accused) has not paid the court fine cannot serve as an unconditional basis for bringing him to criminal liability.

If there are other grounds for releasing a person from criminal liability, the court also has the right to decide to release the accused from criminal liability on another basis. For example, the court may decide to release an accused who has not paid a court fine from criminal liability in connection with reconciliation with the victim. The fact that Part 2 of Art. 104.4 of the Criminal Code of the Russian Federation “requires” to bring a person who has not paid a court fine to criminal liability, but does not deprive the court of the right to exempt him from criminal liability on another basis.

During the preliminary investigation, for example, the statute of limitations for bringing a person to criminal liability may expire; in this case, the criminal case can be legally terminated under clause 3, part 1, art. 24 Code of Criminal Procedure of the Russian Federation. If the suspect (accused), after the cancellation of the decision to terminate the criminal case (criminal prosecution) and the imposition of a criminal law measure in the form of a court fine, develops a mental disorder that makes it impossible to impose the punishment or its execution, the preliminary investigation can be completed not only by the decision to terminate criminal case, but also, if there are grounds for it, by a resolution to send the criminal case to the court for the application of a compulsory measure of a medical nature (Part 1 of Article 439 of the Code of Criminal Procedure of the Russian Federation).

Rules for calculating the amount of a court fine

When assigning this type of responsibility, the priests of justice are guided by the commentary of the Supreme Court and the instructions defined therein.

Instructions that require strict implementation:

1. Expressed in monetary terms.
2. Indication of the method of calculation and the final financial payment.
3. Before appointment, it is necessary to find out whether the convicted person has a job or not, the possibility of payment, the financial situation of the family, the presence of dependents, and the severity of the act committed.
4. Not less than 25 thousand rubles when giving a bribe or committing commercial bribery.
5. If before the conclusion the subject was in custody, the monetary levy imposed as the main punishment may be reduced in proportion to the restriction of freedom already served.
6. In addition to the main repression - material penalty, the person has the right to assign secondary obligations in the form of deprivation of the prerogative to engage in specific activities, hold certain positions, deprivation of a title or award.
7. The right to provide payment in installments.

Derogation from these regulations is not permitted when assigning this type of liability. As it becomes clear, for some offenses mitigation is required, while for others it is necessary to be strict, without leniency when assigning responsibility.

Contents of the court decision to terminate the criminal case and impose a court fine

A procedural document issued by a judge (court) when releasing a person from criminal liability with the imposition of a judicial fine is a resolution (ruling) to terminate a criminal case or criminal prosecution and the imposition of a criminal law measure in the form of a judicial fine. In this resolution (definition), the judge (court) is obliged, among other issues, to determine the procedure and deadline (i.e., a specific date) for paying a court fine, and also to explain to the person in respect of whom such a decision was made the need for the person to provide information about the payment of the court fine. fine to the bailiff within 10 days after the expiration of the period established for payment of the court fine, and the consequences of failure to pay the court fine within the period established by the court (before the expiration of the specific date specified in the court decision), provided for in Part 2 of Art. 104.4 of the Criminal Code of the Russian Federation. These clarifications must be reflected in the operative part of the judge’s decision (ruling, court ruling) and in the minutes of the court session (clause 25.8 Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 N 19 “On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability ").

When is it possible to impose a court fine in a criminal case under the Criminal Code of the Russian Federation?

The Criminal Code defines a closed set of reasons for replacing a criminal response with a financial method of fulfilling obligations, essentially avoiding a criminal record and all the consequences associated with it:

• a criminal act was committed by a person for the first time (the subject is generally characterized on the positive side, has not been previously convicted, and for some personal reasons embarked on a criminal path);
• an act of minor or moderate gravity (if a murder with rape is committed, it will not be possible to get away with money);
• the victim is compensated for the damage or the wrongdoing in front of him is atoned for in another way.

The second basis is very clearly defined by law, but the other two cause problems. This could not have happened without scientific advice and clarification from the Supreme Court of Justice of the Russian Federation.

First-time acts committed include:

1. If the subject has not previously been sentenced to liability for any act.
2. Previously, he was released from fulfilling the requirements of the verdict.
3. The verdict did not enter into legal force.
4. The conclusion came into force, but the legal consequences were eliminated (the statute of limitations had expired).
5. There is a verdict and it has entered into force, but the act has been decriminalized (false entrepreneurship is excluded from the code, insult and slander have been administrative offenses for some time).

With the specific content of the concept - perfected for the first time - it has become easier to correctly determine the limit of evidence.

Making amends involves an apology on the part of the convicted person to the victim, payment of monetary compensation (payment for medications for treatment, compensation for moral damage), as well as other positive actions of the accused before the verdict is rendered by the court of first instance.

Procedure for paying fines for administrative offenses

The details for which the debt must be paid must be provided by the authority holding the driver accountable. In order for the violator to have documentary evidence of payment of his debt for the violation, it is best to do this at the bank. The receipt with a stamp of payment must be kept in case the judicial authority has any problems.

If, by a court decision, the violator was subject to several fines for different types of violations, they are paid separately.

The Code of Administrative Offenses does not provide for the driver’s obligation to send to the body that issued the decision to bring the offender to justice, a copy or original of the receipt confirming payment of the debt. This responsibility is assigned to the organization that accepted the payment.

Banking organizations and payment agents are not always willing to fulfill their obligations to their clients. Therefore, it is better to play it safe and independently send a copy of the document on payment of funds to the judicial authority as punishment for an administrative offense.

Even if the driver does not send a copy of the receipt to the court, if any controversial issues arise, he will have proof that the payment was made properly.

Arbitrage practice

Case studies:

1. False registration of persons arriving from Uzbekistan. Yakovlev, having his own living space in Moscow, decided to earn extra money by providing square meters for registration. At 9 am, he appealed to the local Federal Migration Service in order to register the above-mentioned subjects in their rooms. He indicated his address as the place of temporary stay. But in reality, he did not provide this stay, took money for registration, and turned people out the door. Subsequently, at the meeting, both the defense and the prosecution showed no obstacles to replacing the real punishment with a monetary penalty. Because Yakovlev committed the act for the first time, returned the funds to the victims, and apologized to them.
2. Medvedkova E.N. She tried several times to get a driver’s license, but somehow she couldn’t successfully pass this test. Then the girl decided to purchase documents from a place suggested by a fellow student she knew. Having received the coveted document, the girl began to travel by car. While driving to visit my grandmother in the village, I did not take into account the speed limit and was stopped by a traffic police officer to issue a ticket and check documents. This is where the falsity of the paper was revealed. The girl immediately admitted how it all happened, repented, and described herself positively from her place of work and study. As a result, a financial penalty was imposed.
3. Nikiforov A.S. I worked as a manager in a large company and had long been expecting a promotion that never happened. Finally, there was a chance to actually get the position of senior department manager. Nikiforov did everything possible to be noticed by his superiors, but the boss appointed another young man to this place, who had previously been subordinate to the convict. Out of grief, after going to the nearest bar after work, A.S. I miscalculated a little and went overboard with drinking alcoholic beverages. Then the thought of taking revenge on his boss came into his head. He knew the latter's residential address and where he parked his car. Walking into that yard, A.S. broke the boss's headlights, scratched him in several places, and wrote an insult on the side door. Having seen all the incidents that happened to the car overnight, the chief called the police. Having woken up and realizing what he had done, Nikiforov came to the police station and confessed to what he had done. The parties reconciled, the material damage was fully compensated and a public apology was made at the workplace.
4. Stepanov served as the head of the city of Krasnodar. For two months he did not pay wages to workers, but instead opened his own food store with this money. Subsequently, his atrocities were exposed, the store gained momentum during this time, he apologized to the workers, paid the due fees and bonuses from his personal funds, as well as the damage incurred by his employer. He no longer worked as a manager and, after reconciliation with everyone, he was fired at his own request. During the investigation, he was ordered to pay money.

For some offenders, a court fine is a real chance for correction and repentance. Because having a criminal record, as a rule, leads you back to the dock. A person, having acquired such a negative consequence, cannot realize himself in the normal world and often has no choice but to commit a new crime.

We should thank legislators for providing this opportunity. For the first time a stumbled and unconsciously acting and living subject, it only benefits.

How to pay a fine by court order

To pay a court-ordered fine, the driver will need:

1. The resolution itself.
2. Your passport.
3. Receipt with all details.

Payment of funds by court order is made according to the procedure specified by legislative acts.

The driver must bring all documents to the bank branch where payments from individuals are accepted. The resolution must indicate: the serial number of the document, the amount of the fine, the date of imposition of this payment. If a document does not contain any of the above data, it is considered invalid.