Article 40. A Fine

1. A fine shall mean a monetary exaction appointed within the limits stipulated by the present Code, in an amount corresponding to a certain quantity of monthly assessment indices as established by legislation, which are current at the moment of the appointment of a given punishment, or in the amount of wages or other income of a given convict for a certain period, as of the moment of the commission of a crime by him.

2. A fine shall be appointed within the limits from twenty-five up to twenty thousand monthly assessment indices, as established by legislation of the Republic of Kazakhstan, or in the amount of wages or income of a given convict for a period from two weeks up to one year. The amount of a fine shall be determined by a court subject to gravity of a given crime committed, and property status of a given convict.

3. A fine as an additional type of punishment may be appointed only in cases stipulated by the relevant articles of the Special Part of the present Code.

4. In case of malignant evasion from payment of a fine which was appointed as a principal type of punishment, it shall be replaced for labour in public works, correctional labour, or an arrest, the length of which shall be calculated as follows: one month of correctional labour, or eighty hours of engagement in public labour, or ten days of arrest, for the amount of a given fine accordingly, to threefold the amount of a monthly calculation base, in compliance with the rules stipulated by Articles 42, 43, and 46 of the present Code.