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Application for Conversion of Imprisonment to Fine

  • Publication Date:
  • Last updated:2023-12-16
  • View count:2182

Condition for application:
Offender who is convicted of an offense that carries a maximum principal punishment of not more than five years’ imprisonment or below, and is sentenced to imprisonment for not more than six months.


Applicant:
The applicant should be the sentenced person in principle. However, for a sentenced person who cannot present himself/herself because he/she has exited the country, been working on a deep-ocean fishing boat or is diagnosed as having serious illness with a medical certificate, the sentenced person’s spouse, relatives within third degree of relation by blood, or relatives within second degree of relation by affinity may apply on his/her behalf by presenting a supporting document of the relation.


Application procedure:
After receiving the notice of enforcement, the sentenced person may consult the clerk-in-charge for the amount of fine converted from the imprisonment, and then visit the relevant section-in-charge in person to make a verbal application.


Document required:
The personal identification document of the sentenced person. If the sentenced person cannot present himself/herself, the supporting document for the relationship with the relative who acts on his/her behalf is also required.


Enquiry criteria and processing result:
The prosecutor will examine the case and decide whether the non-enforcement will result in failure of corrective effect on the sentenced person or difficulty in maintaining social order. Conversion of imprisonment to fine will be approved in principle if the abovementioned situations do not exist. For approved case, the clerk will issue a payment bill to the sentenced person, who will bring the bill to the cashier’s counter at the Service Center for making payment. If the sentenced person has difficulty in fulfilling the obligation, he/she may apply for suspension or payment by installments. In the event that the prosecutor denies the conversion from imprisonment to fine, and the sentenced person or his/her statutory agent or spouse may file an objection to the court which pronounces the judgment pursuant to Article 484 of the Code of Criminal Procedure if he/she finds the prosecutor’s instructions inappropriate.

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