What is a judicial fine?

What is a Judicial Fine? | Izmir Criminal Lawyer | Izmir Law Firm

Turkish Penal Code According to Article 52/1: A judicial fine consists of the payment to the state treasury by the convicted person of an amount calculated by multiplying the determined number of full days, which shall not be less than five days and, unless otherwise stipulated in the law, not more than seven hundred and thirty days, by the amount assessed for one day.

Law No. 5237 Turkish Penal Code’There are two different types of penal sanctions in [the Turkish Penal Code]: imprisonment and fines. Fines and administrative fines are sometimes confused with each other. 

Judicial Fine: These are sentences given to the defendant solely by the courts. 

Administrative Fine: These are fines imposed on individuals by other state institutions. Since administrative fines are not subject to criminal sanctions in a legal sense, they cannot be converted into imprisonment.

Types of Judicial Fines

• Directly Imposed Judicial Fine : Law No. 5237 Turkish Penal Code’If the penalty for a crime is a fine, the court cannot sentence the defendant to imprisonment.

• Optional Judicial Fine: In some cases, the law stipulates that a crime can be punished with both a fine and imprisonment. In such situations, the judge may deem a fine appropriate and sufficient punishment for the defendant. Fines imposed in this manner are considered to be given as an alternative penalty.

• Converting a prison sentence into a fine: Turkish Penal Code’In cases of intentionally committed crimes, prison sentences of less than one year can be converted into a judicial fine. In cases of negligently committed crimes, a judicial fine may be applied regardless of the sentence limit, or if the sentence imposed on the defendant is less than 30 days of imprisonment, this imprisonment is directly converted into a judicial fine without being applied to the person. Furthermore, according to Article 50/3 of the Turkish Penal Code, if the defendant is under 18 or over 65 years of age and receives a one-year sentence, this sentence is also converted into a judicial fine. 
• Judicial Fine Imposed Alongside Imprisonment: In the Turkish Penal Code, for some crimes, the penal sanction is both a fine and imprisonment. Unlike an alternative fine, in this case, the defendant will both pay the fine and be sentenced to imprisonment. For example, for the crime of fraud, both imprisonment and a fine are penalties.

How are judicial fines calculated?

Turkish Penal Code In accordance with the relevant paragraphs of Article 52;

(2) The amount of the judicial fine for one day, which is at least twenty and at most one hundred Turkish Lira, is determined by taking into account the economic and other personal circumstances of the person.

(3) The decision shall show separately the total number of days used as the basis for determining the judicial fine and the amount assessed for one day.

(4) The judge may, taking into consideration the economic and personal circumstances of the person, grant a grace period of not more than one year from the date of finalization of the judgment to pay the judicial fine, or may decide that the fine be paid in installments. The installment period cannot exceed two years and the number of installments cannot be less than four. The decision shall state that if one of the installments is not paid on time, the entire remaining amount will be collected and the unpaid judicial fine will be converted into imprisonment. 

There is a legal provision to that effect. 

In summary, Turkish Penal Code’The judicial fine mentioned in the law is a type of penalty with a penalty ranging from a minimum of 5 days to a maximum of 730 days; the daily rate is calculated between 20 TL and 100 TL. This amount is left to the judge's discretion, depending on many factors such as the nature of the crime and the defendant's income level. 

Can a judicial fine be postponed?

The possibility of suspending prison sentences unfortunately does not apply to fines. Even sentences converted from prison to fines cannot be suspended.

What happens if a fine is not paid?

If a convict fails to pay a fine, the Public Prosecutor's Office will convert the unpaid amount into a prison sentence by converting it into days of imprisonment. The convict will then be ordered to perform community service, with each day of work equivalent to two hours of labor. The daily working hours will be determined by the Probation Directorate and will range from a minimum of two to a maximum of eight hours. The convict will receive an order to pay the fine, inviting them either to pay the fine or to perform community service in lieu of the sentence.

Does a judicial fine leave a mark on one's criminal record?

When a defendant receives a fine, this penalty is recorded in their criminal record. Whether the fine is paid in full or in installments, the penalty is considered served on the last day the installment is paid, and the penalty is automatically removed from the criminal record and archived. 

Where should a fine be paid?

You must pay the judicial fine within 30 days of receiving the payment order. To pay the judicial fine, you must apply to the enforcement prosecutor's office that sent you the judicial fine payment order. You can then go to the relevant tax office with the letter written by the enforcement prosecutor's office to the tax office and pay the judicial fine.

Are Judicial Fines Included in the Amnesty?

There is no separate amnesty mechanism for judicial fines. The authority to pardon finalized judicial fines, as with all other penalties, belongs to the Turkish Grand National Assembly (TBMM). The TBMM can exercise this authority through a general amnesty or a special amnesty law. 

A pardon for a judicial fine is possible when a prison sentence is converted into a judicial fine, but even in this case, it is a type of punishment requiring a "special pardon." (Because in special pardons, the conversion of the prison sentence is involved.) However, the return or refund of the judicial fine paid under a special or general pardon is not possible.Turkish Penal Code m. 74/1)

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