If the convict fails to pay the fine within the specified period, the amount will first be deducted from their salary.
According to Modern.az, the issue is reflected in the amendments to the Criminal and Criminal Procedure Codes discussed at today's plenary session of the Milli Majlis.
It was noted that, according to the current code, in cases where the convict fails to pay the fine within the specified period, the existing mechanism directs it first towards the convict's privately owned property or their share in common property, and only if there is no property or it is insufficient, then towards their salary or other earnings.
Such regulation of the issue in legislation slows down the enforcement process in practice, and it is observed that enforcement measures sometimes lead to disproportionate results compared to the amount of the fine. Particularly, the seizure of high-value property for relatively small fines and its sale through auction creates both a loss of time and additional procedural costs.
The document emphasized that amendments have been made with the aim of ensuring a review of the priority sequence in the enforcement of fines, including directing the fine primarily towards the convict's salary or other earnings, increasing the efficiency of the enforcement process, and minimizing the necessity of seizing and selling property not equivalent to the fine amount.
Thus, according to the amendment, if the convict fails to pay the fine within the specified period, the execution of the penalty in the form of a fine is carried out by the court that issued the judgment, by directing it for compulsory enforcement. In this case, the fine will first be directed towards the convict's salary or other earnings.
If the convict has no salary or other earnings, or if the convict's salary or other earnings are insufficient for the full payment of the fine, it is directed towards the convict's privately owned property or their share in common property, and in this case, the provisions of the "Law on Enforcement" regarding the direction of the claim for the fine towards the debtor's property will be applied.
The issue was put to a vote and adopted in the first reading.
