Volume 133, Issue 31A
Royal Gazette
7 April 2559
Note: The grounds for promulgation of this Act are as follows: Whereas the criteria and procedure for enforcement of fines by means of seizure of property or attachment of claims over property to cover the fines have not yet been designated and the pecuniary rate designated for the confinement imposed instead of fines as in force at present is not consistent with the economic and social conditions that have changed, it is appropriate to clearly designate the described criteria and procedure so that responsible functionaries would be able to function, and [it is appropriate] to designate in line with the minimum wage and the economic conditions a pecuniary rate for the confinement imposed instead of fines. Besides, [since] the provisions regarding the suspension of the designation of punishment or the suspension of the imposition of punishment, which is a method for rehabilitation of offenders who should not be sent into the penitentiary system, have not yet been applied to persons fined, and persons who have been imprisoned for trivial reasons or are not habitual offenders still have no opportunity to enjoy the suspension of the designation of punishment or the suspension of the imposition of punishment, resulting in there being a large number of short-term prisoners in penitentiaries, it is appropriate to improve the criteria pertaining to the described matters so that they become more suitable. In addition, now persons of physical or mental weakness or persons incapable of resistance have more and more been employed to commit offences. [As] this does not merely result in injury to the victims of the crimes but also causes the persons who never have had criminal motives before to become criminals and incur punishment and to be likely to fall into danger and encounter trouble with respect to themselves and their families, it is appropriate to designate higher punishment for the abettors in those cases and to establish measures for decrease of punishment in favour of the persons so employed or persons complying with statements published or announced to the general public encouraging them to commit offences, who reveal important information which leads to successful prosecution of the abettors or persons making such publication or announcement. Therefore, it is necessary to enact this Act.
