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Call 12368 to complain that the court did not file a case.
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What is the standard for the court to impose a fine?
(1) Unlimited fine system. That is to say, the specific provisions of the criminal law only stipulate the place, single place or fine, but not the specific amount limit of the fine, but the principle determined by the people's court according to the general principles of the criminal law-the specific amount of the fine is discretionary according to the circumstances of the crime. In the case of unlimited fines, according to the provisions of Article 2 of the aforementioned judicial interpretation, the minimum amount of fines shall not be less than 1000 yuan; If a minor commits a crime, he shall be given a lighter or mitigated punishment, and the minimum fine shall not be less than 500 yuan.
(2) Limit punishment system. In other words, the specific provisions of the Criminal Law stipulate the lower limit and upper limit of the fine, and the people's court only needs to decide the fine within the specified amount. For example, Article 170 of the Criminal Law stipulates that whoever forges money shall be sentenced to fixed-term imprisonment of not less than three years and fined not less than 50,000 yuan but not more than 500,000 yuan. There are many similar provisions in the specific provisions of the criminal law, mainly focusing on the chapter on the crime of undermining the order of the socialist market economy.
(3) Proportional penalty system. That is, the fine amount is determined by the percentage of the crime amount. For example, according to Article 158 of the Criminal Law, the crime of falsely reporting registered capital shall be punished with fixed-term imprisonment of not more than three years or criminal detention, and a fine of not less than 1% but not more than 5% shall also be imposed.
(4) Multiple fines system. That is, the amount of fine is determined by the multiple of the amount of crime. For example, Article 202 of the Criminal Law stipulates that whoever refuses to pay taxes by means of violence or threats shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than/kloc-0 but not more than 5 times. According to this regulation, the amount of fine depends on the amount of crime, and the greater the amount of crime, the higher the amount of fine; or vice versa, Dallas to the auditorium
(5) Double proportional fine system. That is, the amount of fine is determined by the proportion and multiple of the crime amount. For example, according to Article 14 1 of the Criminal Law, anyone who commits the crime of producing or selling counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 50% but not more than two times the sales amount. The provisions of this fine amount mainly focus on the crime of producing and selling fake and inferior commodities stipulated in the first section of Chapter III of the Criminal Law.
How about not paying the court fine?
A fine is a kind of punishment, which should be paid in one lump sum or in installments within the time limit specified in the judgment. If it is not paid at the expiration of the period, it will be compulsory. If the fine cannot be paid in full, the people's court shall recover it at any time if it finds that the person subjected to execution has executable property. If it is really difficult to pay due to irresistible disasters and other reasons, the people's court may postpone, reduce or exempt the payment as appropriate.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 112 A people's court, a people's procuratorate or a public security organ shall, within the scope of their jurisdiction, promptly examine the materials of reporting, accusing, reporting and surrendering themselves, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.
Article 113 If the people's procuratorate thinks that the public security organ does not file a case for investigation, or if the victim thinks that the public security organ does not file a case for investigation, it shall ask the public security organ to explain the reasons for not filing a case. If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice.
Article 16 In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The criminal suspect or defendant dies;
(six) other laws and regulations shall be exempted from criminal responsibility.
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