Penalty to instalments — vademecum

dailyblitz.de 11 months ago
Zdjęcie: rozlozenie-kary-grzywny-na-raty-–-vademecum


The fine, as 1 of the most commonly applied financial penalties in the Polish legal system, can pose a serious financial challenge for both the convicted and their families. Fortunately, Polish law provides for a mechanics that allows the fine to be spread over instalments in order to reduce the burden on the household budget of convicted persons and let for a more convenient repayment of the commitment.

Conditions of distribution Fines per Rats

In accordance with Article 49(1) of the Executive Criminal Code, the court may agree to the distribution of the fine in instalments under certain conditions:

  1. Severe effects of immediate enforcement of the fine: The main criterion is to measure whether the immediate payment of the fine would origin crucial financial difficulties for the convicted individual or his family. In that case, the fine may be placed in instalments for up to 1 year.
  2. Amount of fine: In situations where the fine is peculiarly high, the court may agree to pay it up to 3 years, which gives greater flexibility in paying off the obligation.

Application procedure

In order to benefit from the anticipation of imposing a fine on instalments, the sentenced individual must submit an application to the court which issued the conviction. This proposal should contain detailed reasons for the financial difficulties resulting from the immediate execution of the fine.

Complaint of the Court’s decision

If the court makes a decision on the payment of the fine and the suspect disagrees with the decision, he shall have the right to complain. This procedure allows the case to be reconsidered and the decision of the court to be amended.

Exceptions from the possibilities of spreading fines to Rats

Some situations exclude the anticipation of placing a fine in instalments, specified as:

  • Security of the money or another assets of the convicted individual that may be utilized to cover the fine.
  • Security of non-monetary property which may be converted into cash to settle liabilities.

Summary

The distribution of the fine into instalments is an crucial tool to defend against the excessive financial burden that could consequence from the immediate execution of the penalty. This procedure is precisely defined by law and requires a formal application to be submitted to the court. With this option, convicts can avoid drastic financial consequences and pay their commitment in a more tailor-made way.

Using the anticipation of spreading the fine into instalments, the convicts may focus on rebuilding their lives after the legal and financial crisis caused by the court judgment. This flexibility not only helps individuals, but besides supports greater social and economical objectives, promoting equality in access to justice.

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The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.

Daniel Głogowski

Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.

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