Article 41. Fine of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

1 A fine is a monetary penalty imposed within the limits provided for by this Code, in an amount corresponding to a certain number of monthly calculation indices established by the legislation of the Republic of Kazakhstan and in force at the time of the commission of a criminal offense, or in an amount multiple of the amount or value of a bribe, the amount of money transferred or the value of transferred property, the value of stolen property, the amount of income or the amount of payments not received to the budget.

2 For criminal offenses, a fine is set in the range of twenty to two hundred monthly calculation indices, for crimes – in the range of two hundred to ten thousand monthly calculation indices or in a multiple amount.

3. When imposing a fine, the court shall determine its amount and the time for payment, taking into account the severity of the criminal offense, the property and marital status of the convicted person, and the possibility of receiving wages or other income.

4 The term of payment of the fine is calculated from the moment the verdict comes into legal force and, according to the court verdict, may not exceed three years.

5 In case of temporary deterioration of the convicted person's property status due to delay or non-payment of wages, temporary disability, loss of work or income, the court may grant a deferral for a period of one month to one year. The time of postponement is not included in the calculation of the time limit for payment of the fine established by the court verdict.

If the fine is not paid within the prescribed time, the court's verdict (resolution) is subject to compulsory execution. The unpaid part of the fine is replaced:

     1) convicted of a criminal offense – by engaging in community service at the rate of one hour of community service for one unpaid monthly calculation index or by arrest at the rate of one day of arrest for four unpaid monthly calculation indices;

     2) convicted of a crime of minor or moderate severity – by restriction of liberty or imprisonment at the rate of one day of restriction of liberty or imprisonment for four unpaid monthly calculation indices;

     3) convicted of a serious crime – by imprisonment at the rate of one day of imprisonment for four unpaid monthly calculation indices;

     4) sentenced to a multiple fine – imprisonment within the limits of the sanction of the relevant article of the Special Part of this Code, taking into account the paid and collected part of the fine.

6. If a more lenient punishment is imposed than is provided for this criminal offense, if a punishment is imposed for an unfinished crime, as well as if the punishment is commuted, the amount of the fine may be lower than the lower limit established by this article.

President    

Republic of Kazakhstan     

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