Can fines be enforced on spouse’s property

According to the relevant laws of China, if the people apply for a job and sentence the criminal to a fine, the people s court will only execute the criminal s property, not the legal property of the criminal s spouse.

Article 64 [Disposal of Criminal Goods] All the property obtained by criminals illegally shall be recovered or ordered to pay compensation; the legal property of the victims shall be returned in a timely manner; contraband and personal property used for crime shall be confiscated. The confiscated property and fines shall all be turned over to the state treasury, and they shall not be misappropriated or disposed of by themselves.

Article 53 [Payment of Fines] The fines shall be paid in one installment or in installments within the period specified in the judgment. If the payment is not made within the time limit, the payment shall be compulsory. For those who cannot fully pay the fines, the people s court shall, at any time, find that the person subject to execution has property that can be enforced, and shall pay back at any time.

If it is really difficult to pay due to irresistible disasters or other reasons, the payment may be postponed, reduced or exempted as appropriate, as determined by the people s court.

1, single family. The single-subject penalty stipulated in the Criminal Law is mainly applicable to unit crime. For example, the unit s bribery offence under Article 387 of the Criminal Code and the unit s bribery offence under Article 393 impose a fine on the unit. In this case, the fine can only be applied separately.

2, choose the style. In the case where the fine is applied separately, the criminal law stipulates that the fine is juxtaposed with other types of punishment and can be chosen to apply. For example: According to Article 275 of the Criminal Law, anyone who commits the crime of intentional destruction of property shall be sentenced to fixed-term imprisonment of not more than 3 years, detention or fine. In this case, as an optional statutory punishment, the fine can only be applied separately and cannot be applied in addition.

3, combined. Where the penalty is applicable, it is clearly stipulated that when a free sentence is imposed, the penalty must also be imposed. For example, the crime of reselling cultural relics stipulated in Article 326 of the Criminal Law shall be punished by a term of imprisonment or detention of less than 5 years and a fine; if the circumstances are particularly serious, a term of imprisonment of not less than 5 years and not more than 10 years shall be imposed. Here, the penalty can only be applied in addition, not alone.

4, composite. Compound means that the single and concurrent punishment of the fine is stipulated in one law at the same time for selection and application. For example, Article 216 of the Criminal Law stipulates that if a person s patent is faked and the circumstances are serious, he or she shall be sentenced to fixed-term imprisonment or detention of not more than 3 years, and shall be sentenced to a single fine. In this case, the fines can be applied either separately or separately. Whether the penalty is imposed concurrently or separately depends on the circumstances of the crime committed by the criminal.

According to the relevant laws of our country, if the people apply for a job and sentence the criminal to a fine, the people s court will only execute the criminal s property, not the legal property of the criminal s spouse.

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