Criminal LawWhat is a Judicial Fine and What Happens If It Is Not Paid?

A judicial fine is a type of sanction stipulated by the Turkish Penal Code (TCK) and can be imposed as an alternative to imprisonment or together with imprisonment. In modern criminal law, the imposition of judicial fines has become widespread, especially in order to prevent the negative consequences (detachment from society, criminal psychology, etc.) caused by short-term prison sentences. However, many people lack information about what a judicial fine is, how it is calculated, when it is imposed and, most importantly, what legal consequences it will have if it is not paid. In this article, we will discuss the judicial fine in all aspects and explain the payment process and the sanctions to be faced in case of non-payment in detail.

Legal Nature and Purpose of Judicial Fine: Judicial fine is regulated under Article 52 of the TPC. Its purpose is to help the perpetrator to be reintegrated into society and to allow the state to use its power of punishment more flexibly by ensuring that the perpetrator faces an economic sanction instead of imprisonment in light and medium offences. Judicial fines are different from administrative fines; while administrative fines are imposed by administrative authorities for a misdemeanour, judicial fines are imposed by courts for an offence.

Calculation of Judicial Fine: The judicial fine is calculated based on two basic elements:

1. Number of Days: It is the number of days determined in line with the penalty amount stipulated in the law and the discretion of the judge. For example, if “judicial fine from 100 days to 300 days” is foreseen for an offence, the judge determines a number of days within this range.
2. Daily Fine Amount: It is the daily amount determined by the judge by taking into account the economic and personal conditions of the perpetrator. According to Article 52/2 of the TPC, the amount of judicial fine for one day may be at least twenty and at most one hundred Turkish Liras.

Calculation Formula: Total Judicial Fine = Number of Days Determined x Daily Fine Amount. For example, if the judge has determined 150 days and 50 TL per day, the total judicial fine will be 150 x 50 = 7.500 TL.

For Which Offences Is Criminal Fine Applied? Judicial fine is generally applied in the following cases:

• Offences for which a direct judicial fine is prescribed: The legal definition of some offences stipulates a direct judicial fine (for example, Article 183 of the TPC, the offence of causing noise).
• Conversion of Short-Term Imprisonment Sentences: According to Article 50 of the TPC, imprisonment sentences of one year or less may be converted into a judicial fine under certain conditions. This is at the discretion of the judge and factors such as the offender’s history and propensity to commit offences are taken into consideration.
• Negligent Offences: For negligent offences (e.g. negligent wounding, negligent homicide), a judicial fine or short-term imprisonment is usually prescribed and the imprisonment sentence may be converted into a judicial fine.

Payment of a judicial fine: After the judicial fine decision issued by the court is finalised, a “payment order” is notified to the convict by the Public Prosecutor’s Office.

• Payment Period: The judicial fine must be paid in full within 30 days from the notification of the payment order.
• Possibility of Instalments: If the economic situation of the convict is not suitable, he/she may apply to the Public Prosecutor’s Office and request the judicial fine to be paid in instalments. In case of instalments, provided that the first instalment is paid in advance, the remaining part can be paid in maximum four equal instalments of two months each. If one of the instalments is not paid in due time, the entire remaining debt becomes due and the unpaid portion is converted into imprisonment.
• Where to Pay: Judicial fines are paid to the relevant tax office through the Chief Public Prosecutor’s Office.

What happens if the judicial fine is not paid (Conversion to Prison): The most critical aspect of the judicial fine is the legal consequences if it is not paid in due time. According to Article 52/4 of the Penal Code:

• Conversion to Imprisonment Process: If the payment is not made within 30 days following the notification of the payment order and if the instalment request is not made or the instalments are disrupted, the public prosecutor decides to convert the unpaid judicial fine into imprisonment. The imprisonment period equivalent to one day is determined according to the daily amount determined in the calculation of the judicial fine. For example, a judicial fine of 7.500 TL is converted into 150 days imprisonment.
• Employment in a Public Beneficial Work: Before the sentence is commuted to imprisonment, the public prosecutor may offer the convict the option to work in a publicly useful job. If the convict accepts this option and fulfils his/her obligations, the sentence shall not be commuted to imprisonment.
• Execution of the sentence converted into imprisonment: The judicial fine converted into imprisonment shall be executed in the penal execution institution. However, this imprisonment sentence is not recorded in the criminal record (criminal record).
• Subsequent Payment of the Fine Converted to Imprisonment: The judicial fine converted into imprisonment can be paid even while the convict is in prison. If the payment is made, the convict is released immediately.

Judicial Fine for Children: Judicial fines imposed on children under 18 years of age cannot be converted into imprisonment in case of non-payment. In this case, if the fine cannot be collected, the child may be made to work in a publicly useful job or probation measures may be applied. This regulation prioritises the development and socialisation of children.

Effect on Criminal Record: Since a judicial fine is a judgement of conviction, it is recorded in the judicial record. However, under certain conditions (for example, a certain period of time has passed since the execution of the sentence and no new offence has been committed), it can be deleted from the judicial record.

Difference with Administrative Fine: Judicial fines and administrative fines are often confused. The main differences are as follows:

• Issuing Authority: The court imposes the judicial fine, administrative fines are imposed by administrative authorities (municipality, traffic police, etc.).
• Basis: A judicial fine is imposed for a criminal offence, an administrative fine is imposed for a misdemeanour.
• Conversion to Imprisonment: While a judicial fine can be converted into imprisonment if it is not paid, an administrative fine cannot be converted into imprisonment if it is not paid, it can only be collected through enforcement.

Judicial fine is an important type of sanction in Turkish criminal law and is frequently imposed as an alternative to imprisonment, especially for minor offences. Since there is a risk that this fine may be converted into imprisonment in case of non-payment, it is of great importance that convicts follow the payment orders seriously and pay within the due time or request an instalment. In case of any doubt or problem regarding the judicial fine, which is a serious sanction in terms of its legal consequences, it is strongly recommended to seek legal advice from a criminal lawyer. This is a critical step to prevent loss of rights and take the right steps.