Penal Code · English · 2015
Article 80
Failure to Pay
Where an offender does not satisfy an obligation ordered under Articles 65, 77 or 78, a Court shall order the offender to appear before the Court to give reasons why the judgment of the Court has not been satisfied.
#Where the Court finds that the offender through no fault of his own is unable to pay a financial penalty, the Court may extend the time for the payment of the penalty, may convert the financial penalty into a sentence of Community Work as provided in Article 88, or in exceptional circumstances, when through no fault of the offender’s there is no reasonable likelihood that the penalty can be paid in the future and the offender is willing but unable to perform Community Work, the Court may cancel the penalty in whole or in part.
#Upon a finding by the Court, after notice and a hearing, that the offender had the means to pay any penalty ordered but willfully failed to do so, or has the ability to perform Community Work ordered in lieu of the fine under sub-Article (2) of this Article but willfully failed to do so, the Court may:
#re-sentence the defendant to a term of imprisonment within the maximum set for the class of offence to which the offence belongs under this Code, or where the payment of the penalty was set as a condition of probation, may revoke the probation and execute the suspended sentence as provided under Article 87; or
#where the maximum sentence of imprisonment allowed has already been imposed, sentence the defendant to an additional term of imprisonment of up to 90 days for the willful failure to pay the amount ordered; or
#order the seizure of the property or money of the offender to satisfy the previous judgment of the Court; provided that such money or property that is necessary for the support of the family of the offender for a reasonable period of time or the share of the spouse shall not be seized.
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