Commentary to article 40. Fine of the Criminal Code of the Republic of Kazakhstan of 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 law and effective at the time of sentencing, or in the amount of the convicted person's salary or other income for a certain period at the time of the commission of a crime.      

2. A fine is imposed in the range of twenty-five to twenty thousand monthly calculation indices established by the legislation of the Republic of Kazakhstan, or in the amount of a convicted person's salary or other income for a period of two weeks to one year. The amount of the fine is determined by the court, taking into account the severity of the crime committed and the property status of the convicted person.      

3. A fine as an additional type of punishment may be imposed only in the cases provided for in the relevant articles of the Special Part of this Code.      

4. In the case of malicious evasion from paying a fine imposed as the main type of punishment, it shall be replaced by community service, correctional labor, or arrest at the rate of one month of correctional labor, or eighty hours of community service, or ten days of arrest for the amount of the fine, respectively, three times the monthly calculation index in compliance with the rules provided for in Articles 42, 43 and 46 of this Code.      

A fine is at the top of the list of types of punishments and is applied as a type of punishment relatively widely, which indicates its effective effect on the personality of the convicted person, when, taking into account the circumstances of the case, with proper determination of its size, it entails significant material consequences for the offender.       The legislator retained the legal definition of a fine as a type of criminal punishment, which can be both basic and additional.      

The amount of the fine is determined in two ways: a) in monthly calculation indices, the MCI (in monetary terms) is set regardless of the category of crimes in the amount of twenty-five to twenty thousand MCI;

b) in the amount of the convicted person's salary or other income and is assigned accordingly for a period of two weeks to one year.      

Other income refers to a type of income that is not a salary. This allows the court to impose a fine on the court within one of the types of income, without referring to the rest.      

The convict's other income is determined by the sources, types and amounts of income subject to taxation during the period indicated in the court decision.      

Additional punishment in the form of a fine may be imposed only in cases where the disposition of the article of the Criminal Code, according to which the defendant was found guilty, provides for them as an additional punishment.      

A fine may replace the unserved part of the punishment for a person serving a criminal sentence in the form of imprisonment for committing crimes of minor or moderate severity (Article 80 of the Criminal Code of the Republic of Kazakhstan), as well as the remaining part of the punishment in case of postponement of serving the sentence by convicted pregnant women and women with children under the age of eight, when the child reaches the age of eight (Part 3 art. 72 of the Criminal Code of the Republic of Kazakhstan).      

The legislator toughened the responsibility for malicious evasion of payment of a fine by replacing it with the following types of punishments:      

- involvement in community service,      

- correctional work,      

- arrest based on one month of correctional labor, or eighty hours of community service, or ten days of arrest for the amount of the fine, respectively, three times the monthly calculation index.      

The procedure for the execution of a fine and the concept of malicious fine evasion are contained in Articles 22 and 23 of the Criminal Executive Code of the Republic of Kazakhstan. A convicted person who has failed to pay a fine after one month after the verdict enters into force and hides his income and property from compulsory collection is considered to be maliciously evading payment of a fine.

Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.                  

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

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