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How to petition for converting imprisonment into fines

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  • Last updated:2019-01-03
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How to petition for converting imprisonment into fines

1. According to the Criminal Code, a person who has committed a minor crime and is subjected to the punishment of brief imprisonment may petition converting the imprisonment into fines as long as he or she can meet one of the following conditions:

a.The maximum basic punishment for the offense (referring to the highest standard of punishment for the offense as prescribed by law) does not exceed imprisonment for five years.

b.The punishment as imposed is imprisonment for not more than six months or detention(not less than one day but less than two month).

c.The execution of the punishment is apparently difficult because of physical, educational, occupational, or family conditions of the offender.

2. A petition for converting imprisonment into fines should be supported by evidence to show the execution of the punishment is apparently difficult, such as:

(1)Execution of the punishment is diffcult for physical reasons-a health certificate issued by a public hospital or an accredited private hospital or the local health station (No certificate is required if the physical disablement can be seen at a glance.)

(2)Execution of the punishment is difficult for educational reasons-a student certificate is required (such as an in-school certificate or a valid student ID).

(3)Execution of the punishment is difficult for occupational reasons-an occupational certificate is required (such as an in-service certificate , a registration certificate of a business, or a tax bill). (4)Execution of the punishment is difficult for family conditions-a copy of family members supported. (a certificate issued by the borough or village chief is not required).

3. In petitioning for converting the imprisonment into fines, the case may be filed by the spouse, a third-degree blood relative, a second-degree marital relative on behalf of the criminal if the criminal cannot petition in person because of traveling abroad, fishing on an ocean-going boat, or suffering from a severe disease certified by a physician as not fit for making a personal appearance.

4. The office will approve the petition for converting imprisonment into fines on the basis of one of the above-mentioned reasons if the claim is true. Severe punishment will be imposed if someone peddles undue influence.

 

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