Section 122. Provisions as to sentences of fine. (SYARIAH CRIMINAL PROCEDURE ENACTMENT 2002

ENACTMENT NO. 8 OF 2002
SYARIAH CRIMINAL PROCEDURE ENACTMENT 2002

PART V - PROCEEDINGS IN PROSECUTIONS
CHAPTER 8 - OF SENTENCES AND THE CARRYING OUT THEREOF

Section 122. Provisions as to sentences of fine.

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

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

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

(iii) issue a warrant for the levy of the amount by distress and sale of any property belonging to the offender;

(iv) 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;

(b) 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 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 does not exceed five hundred ringgit	two months

exceeds five hundred ringgit	six months;

(c) 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;

(d) if, before the expiration of the time of imprisonment fixed in default of payment of a fine, 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, the imprisonment shall terminate;

(e) 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.

(2) A warrant for the levy of a fine may be executed at any place in Malaysia, but if it is required to be executed outside the State of Kelantan, it shall be indorsed for that purpose by a Judge of the Syariah High Court or by a Judge of the Syariah Subordinate Court.