Article 260 Execution of Fines If a criminal sentenced to a fine fails to pay at the expiration of the time limit, the people's court shall force him to pay; If it is really difficult to pay due to irresistible disasters, it may be reduced or exempted.
Several Provisions on Strictly Implementing the System of Time Limit for Hearing Cases (the Supreme People's Court, 28 September 2000)
Article 5 ...
A fine in a criminal case shall be executed within three months after the judgment or ruling becomes legally effective, but not more than six months at the latest.
About implementation
Article 358 If a legally effective criminal judgment, ruling or conciliation statement involves property and needs to be executed, it shall be executed by the people's court that originally tried it.
Property execution in incidental civil judgments shall be handled in accordance with the Civil Procedure Law and the relevant provisions of the Supreme People's Court.
Article 359 A fine shall be paid in one lump sum or in installments within the time limit specified in the judgment. If the payment is not made within the time limit, it shall be enforced by the people's court. If the compulsory execution payment has not been paid in full, the people's court shall recover the property that the person subjected to execution has at any time, including after the execution of the sentenced principal punishment.
If it is really difficult to pay fines due to irresistible disasters, criminals may apply to the people's court for relief. After verification, the people's court may make an order to reduce or waive the amount of the fine determined in the original judgment.
If the administrative organ imposes a fine on the defendant for the same fact, the people's court shall set it off when imposing the fine.
Article 360 If a criminal sentenced to property punishment and a defendant who is adjudged or ordered in an incidental civil action have no property to be executed locally, the people's court of the original judgment may entrust the people's court where his property is located to execute it on his behalf. If the people's court acting as an agent cannot execute it after execution, it shall promptly notify the entrusted people's court of the relevant situation. The people's court that executes the property punishment on behalf of it may directly turn over the property that executes the property punishment to the state treasury; Property that needs to be returned shall be returned by the executing people's court to the entrusted people's court according to law.
Several Provisions on the Execution of Property Punishment (the Supreme People's Court, June 20 1 2006, 65438)
Article 1 Property punishment shall be executed by the institution in charge of executing judgments of the people's court of first instance.
If the property to be executed is in a different place, the people's court of first instance may entrust the people's court at the same level where the property is located to execute it on its behalf. From Tianhu. com
Article 2 The people's court of first instance shall, after the criminal judgment or ruling made by the court takes effect, or after receiving the effective criminal judgment or ruling made by the people's court at a higher level, put on record and execute the legal documents related to the execution of property punishment.
Article 3 If the person subjected to execution fails to pay the fine in full within the time limit determined by the judgment or ruling, the people's court shall enforce it after the expiration.
The people's court shall immediately execute the confiscation of property.
Article 4 The people's court shall investigate the property status of the person subjected to execution according to law, and if it finds that there are properties available for execution that need to be sealed up, detained or frozen, it shall take compulsory measures such as sealing up, detaining and freezing in time.
Article 5 When a property penalty is executed, if an outsider raises an objection to the ownership of the executed property, the people's court shall refer to the relevant provisions of the Civil Procedure Law for examination and handling.
Article 6 If the person subjected to execution is sentenced to a fine or confiscation of property, and at the same time bears the liability for compensation in a criminal incidental civil action, he shall first perform the civil liability for compensation to the victim.
If the legal debts incurred by the person subjected to execution before the property penalty should be paid off, they should be paid off first at the request of the creditor.
Article 7 All property executed shall be turned over to the state treasury.
If the execution is entrusted, the entrusted people's court shall serve the execution document and the certificate turned over to the state treasury on the entrusted people's court; If it cannot be implemented in place, it shall promptly inform the entrusting people's court.
Article 8 In any of the following circumstances, the people's court shall order suspension of execution: after the reasons for suspension of execution are eliminated, execution shall be resumed;
(a) the subject matter of execution is the subject matter of a case being tried by a people's court or an arbitration institution, and the ownership cannot be determined until the trial of the case is completed; Produced by www.tianhuwang.com Tianhu.com.
(2) The outsider has real reasons for objecting to the execution target;
(3) Other circumstances in which execution should be suspended.
If the person subjected to execution fails to pay the fine in full, the people's court shall at any time find that the person subjected to execution has property available for execution and recover it at any time.
Article 9 In any of the following circumstances, the people's court shall make a ruling to terminate the execution:
(1) The executed criminal judgment or ruling has been revoked;
(2) The person subjected to execution dies or is executed, and there is no property available for execution;
(three) the unit that was fined was terminated and there was no property available for execution;
(4) Being exempted from fines according to Article 53 of the Criminal Law;
(5) Other circumstances in which execution should be terminated.
After the people's court decides to terminate the execution, if it finds that the person subjected to execution has concealed or transferred the property, it shall recover it.
Article 10 If the property penalty is revoked in whole or in part, the property to be executed shall be returned to the person subjected to execution in whole or in part; If it cannot be returned, it shall be compensated. From Tianhu. com
Article 11 If it is really difficult to pay a fine due to irresistible disasters, and the person subjected to execution applies to the enforcement court for relief, if the enforcement court considers that it meets the statutory relief conditions after examination, it shall make a ruling on granting relief according to law within one month after receiving the application; If it does not meet the statutory relief conditions, the application shall be rejected.
Article 12 Where there are no provisions in these Provisions, the people's court shall refer to the relevant provisions on civil execution.
Thirteenth previously issued judicial interpretation is inconsistent with these Provisions, these Provisions shall prevail.
Concealing and concealing the offense of crime refers to the act of hiding, transferring, buying, selling on behalf of others or concealing and concealing in other ways, knowing that it is the proceeds of crime and the income generated by it.