{"id":2603,"date":"2025-06-03T10:23:35","date_gmt":"2025-06-03T10:23:35","guid":{"rendered":"https:\/\/ts-law.ro\/?p=2603"},"modified":"2025-06-03T14:34:31","modified_gmt":"2025-06-03T14:34:31","slug":"amenda-penala","status":"publish","type":"post","link":"https:\/\/avocat-nisteioana.ro\/en\/amenda-penala\/","title":{"rendered":"Have you been sentenced to a criminal fine? What else should you know..."},"content":{"rendered":"

1. First of all, we need to explain to you what a \u201ecriminal fine\u201d is<\/em> :<\/strong><\/h3>

<\/p>

Have you been sentenced to a criminal fine? First of all, you need to know that this is one of the main penalties that the judge can establish and apply to the defendant, along with prison sentences and life imprisonment.<\/p>

<\/p>

Unlike life imprisonment and prison sentences, the fine is essentially a non-custodial sentence, imposing obligations of a strictly pecuniary nature on the convicted person.<\/p>

<\/p>

2. When can a CRIMINAL FINE be applied?<\/strong><\/h3>

<\/p>

The criminal fine may be imposed by the judge on the defendant only if the legal text expressly provides for this possibility of sanction.<\/p>

<\/p>

For example, in the event of committing the crime of Hitting or other violence, <\/em>the judge who will resolve the criminal case will be able to impose a fine on the defendant, this penalty being expressly provided for in the legal text (Art. 193 of the Criminal Code<\/a>).<\/p>

<\/p>

3. How is the amount of the criminal fine determined?<\/strong><\/h3>

<\/p>

In Romanian criminal law, the amount of the fine is established by fine-day system<\/strong>. In this regard, the amount of a fine-day is between 10 lei and 500 lei, and the general limits of the fine are between 30 and 400 fine-days.<\/p>

<\/p>

Thus, the amount of the fine is established by multiplying the number of fine days by the amount corresponding to a fine day, the general minimum being set at 300 lei (30 fine days x 10 lei = 300 lei), and the general maximum at 200,000 lei (400 fine days x 500 lei = 200,000 lei).<\/p>

<\/p>

The special limits of the fine applicable to the individual are established for each individual offense, being included between the general limits indicated previously, as follows:<\/strong><\/p>

<\/p>

  1. 60 and 180 days-fine, when the law provides for the crime committed only the penalty of a fine;<\/strong><\/li>\n\n
  2. 120 and 240 days-fine, when the law provides for the fine to be an alternative to imprisonment for a maximum of two years;<\/strong><\/li>\n\n
  3. 180 and 300 days-fine, when the law provides for the penalty of a fine alternatively to a prison sentence of more than 2 years<\/strong>.<\/li><\/ol>

    <\/p>

    The number of fine days is established by the court by reference to the general criteria for individualizing the punishment, such as, for example, the circumstances and manner of committing the crime, and the amount corresponding to a fine day is established by reference to the material situation of the convicted person and by reference to his legal obligations towards his dependents.<\/p>

    <\/p>

    4. Within what period must the criminal fine be paid?<\/strong><\/h3>

    <\/p>

    According to legal provisions, in the event that the execution of the criminal fine has been ordered, the convicted person is obliged to pay the amount established by the court within a maximum period of 3 months from the date on which the conviction becomes final<\/strong>.<\/p>

    <\/p>

    ATTENTION!!! It is not enough to pay the criminal fine, but it is MANDATORY to submit the receipt for full payment of the fine to the delegated judge with enforcement within a maximum of 3 months from the moment the conviction becomes final.<\/strong><\/p>

    <\/p>

    IMPORTANT!!! If you are unable to pay the fine in full within the 3-month period indicated above, you can make an express request to stagger the payment of the fine for a period of no more than 2 years, a request that you will address to the judge delegated with the execution.<\/strong><\/p>

    <\/p>

    5. What happens if you do not pay the fine in bad faith?<\/strong><\/h3>

    <\/p>

    In the event that you do not execute the fine (do not pay it), in whole or in part, in bad faith, the number of unexecuted fine days is replaced by a corresponding number of days in prison.<\/p>

    <\/p>

    In the event that the fine is replaced by a prison sentence, one day of fine corresponds to one day of prison.<\/strong><\/p>

    <\/p>

    6. The fine accompanying the prison sentence<\/strong><\/h3>

    <\/p>

    In the situation where, through the crime committed, the following was pursued obtaining a patrimonial benefit<\/strong>, the court may apply a fine in addition to the prison sentence.<\/p>

    <\/p>

    In this case, the special limits of fine days are set between 120 and 240 fine days and 180 and 300 fine days, respectively, being established in relation to the duration of the sentence established by the court.<\/p>

    <\/p>

    For example, in the situation where the court imposes a prison sentence of no more than two years on the convicted person, the special limits of the fine days are between 120 and 240 fine days, and if the penalty imposed is imprisonment for more than 2 years, the special limits are between 180 and 300 fine days.<\/p>

    <\/p>

    The amount corresponding to a day-fine is established depending on the value of the patrimonial benefit sought or obtained.<\/strong><\/p>

    <\/p>

    7. Can the fine be served by performing unpaid community service?<\/strong><\/h3>

    <\/p>

    The answer is YES, <\/strong>but only in the situation expressly provided for in the provisions of art. 64 paragraph (1) of the Criminal Code, in this case when the fine cannot be executed in whole or in part for reasons NOT ATTRIBUTABLE to the convicted person, and only in the situation where the latter agrees to perform unpaid work for the benefit of the community.<\/p>

    <\/p>

    In the situation where the convicted person, due to his health, cannot perform such work, the court cannot replace the obligation to pay the fine with the obligation to perform unpaid community service.<\/p>

    <\/p>

    IMPORTANT!!! In the event that the convicted person pays the equivalent of the remaining days of fine, the execution of community service ceases.<\/strong><\/p>

    <\/p>

    ATTENTION!!! The court may replace the number of days of fine not served through community service with a corresponding number of days of imprisonment in the following situations:<\/strong><\/p>

    <\/p>