Section 121. Provisions as to sentences of fine. (SYARIAH CRIMINAL PROCEDURE ENACTMENT 1993

ENACTMENT NO. 10 OF 1993
SYARIAH CRIMINAL PROCEDURE ENACTMENT 1993

PART IV - PROCEEDINGS IN PROSECUTIONS
CHAPTER XIV - SENTENCES AND THE CARRYING OUT THEREOF

Section 121. Provisions as to sentences of fine.

If any fine is imposed, then, in the absence of any express provision relating to such fine in the law providing for its imposition, the following provisions shall apply:

(a) if no sum is expressed to which the fine may extend, the amount to which the offender is liable is unlimited, but shall not be excessive;

(b) in every case of an offence in which the offender is sentenced to pay a fine, the Court passing the sentences may, in its discretion, do all or any of the following things:

(i) allow time for the payment of that fine;

(ii) direct payment of the fine to be made by instalments;

(iii) direct that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may be sentenced;

(c) the period for which the Court directs the offender to be imprisoned in default of payment of fine shall not exceed the following scale:

(i) if the offence is not punishable with imprisonment:

where the maximum term of imprisonment	the period shall not exceed
does not exceed six months	the maximum term of imprisonment
exceeds six months but does not exceed two years	six months
exceeds two years	one quarter of the maximum term of imprisonment

(ii) if the offence is not punishable with imprisonment -

where the fine	the period shall not exceed
does not exceed two hundred ringgit	one month
exceeds two hundred ringgit but does not exceed five hundred ringgit	three months
exceeds five hundred ringgit	six months

(d) the imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law;

(e) if, before the expiration of the time of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the time of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, yhe imprisonment shall terminate;

(f) the fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and the death of the offender shall discharge him from the fine.