Database of Legislation

 Chapter XLVI
 Section 545

Adoption Date:

1898-07-01

UNTOC Articles

  • Organized Crime Convention

  • Article 25: Assistance to and protection of victims
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Power of Court to pay expense or compensation out of fine.

    545. (1) Whenever under any law in force for the time being a criminal Court imposes a fine or confirms in appeal, revision or otherwise a sentence of fine, or a sentence of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied-

    (a) in defraying expenses properly incurred in the prosecution;

    (b) in the payment to any person of compensation for any loss or injury caused by the offence, when substantial compensation is, in the opinion of the Court, recoverable by such person in a civil Court;

    (c) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto.

    (2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal.

     
     

    Cross-Cutting Issues

    • Victims

      • Rights

        • • Access to compensation and restitution for victims