Generally speaking, this is the case. The analysis is as follows:
1. The payment of fines before judgment is a prepayment mechanism at the court stage, which represents a good attitude of repentance on the part of the criminal suspect;
2. The fine is also helpful as a Criminal cases are accompanied by civil cases, and the plaintiffs strive for compensation, so generally more people are sentenced to probation after paying a fine in advance.
3. If a real sentence is imposed, the fine will not be imposed before the verdict but after the verdict, because if the fine is paid after the verdict, the fine will be heavier.
Extended information:
1. Article 52 of the Criminal Law stipulates: "When a fine is imposed, the amount of the fine shall be determined according to the circumstances of the crime." According to this article, the amount of the fine shall be commensurate with the circumstances of the crime. . In other words, if the crime is serious, the amount of fine should be larger; if the crime is minor, the amount of fine should be smaller. This is a concrete embodiment of the principle of balance between crime and punishment in fine discretion.
2. Whether the offender’s ability to pay the fine should be taken into consideration when determining the amount of the fine. The Criminal Law does not clearly stipulate that. However, on November 15, 2002, the Supreme People’s Court’s “Provisions on Several Issues Concerning the Application of Property Penalties” Article 2 stipulates: "The People's Court shall impose a fine in accordance with the law based on the circumstances of the crime, such as the amount of illegal income, the size of the losses caused, etc., and taking into account the criminal's ability to pay the fine."
3. It can be seen from this that , in judicial practice, from the perspective of being conducive to the execution of judgments, the ability of criminals to pay fines should be considered when determining fines.
4. According to the provisions of my country’s criminal law, fines have the following four applicable methods:
1. Single-subject type. Single-subject fines stipulated in the criminal law mainly apply to unit crimes. For example, the crime of accepting bribes by an entity stipulated in Article 387 of the Criminal Law and the crime of offering bribes by an entity stipulated in Article 393 of the Criminal Law shall impose a fine on the unit. In this case, the penalty can only be applied individually.
2. Subject selection style. In the case where fines are applied separately, the criminal law stipulates that fines shall be juxtaposed with other types of punishment and may be applied selectively. For example: According to Article 275 of the Criminal Law, a person who commits the crime of intentional destruction of property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine. In this case, fines, as an optional statutory penalty, are only applicable separately and cannot be applied in addition.
3. Combined subjects. Where an additional fine is applicable, it is expressly stipulated that when a prison sentence is imposed, a fine must be imposed at the same time. For example, the crime of reselling cultural relics stipulated in Article 326 of the Criminal Law shall be punished by fixed-term imprisonment of not more than 5 years or criminal detention, and shall also be fined; if the circumstances are particularly serious, the crime shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and shall also be fined. Here, fines can only be applied in addition and not individually.
4. Compound type. Compound type means that both single and concurrent fines are stipulated in one law for optional application. For example, Article 216 of the Criminal Law stipulates that anyone who counterfeits the patent of others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined. In this case, the fine can be applied either in addition or separately. Whether it is imposed concurrently or separately depends on the seriousness of the crime committed by the criminal.
Baidu Encyclopedia - Fines