INTRODUCTION AND BRIEF DESCRIPTION
A person is in default of payment of a fine if it has not been paid in full by the specified time.
SECTION WORDING
734(3) For the purposes of this section and sections 734.1 to 737, a person is in default of payment of a fine if the fine has not been paid in full by the time set out in the order made under section 734.1.
EXPLANATION
Section 734(3) of the Criminal Code of Canada pertains to the failure to pay a fine ordered by a court. If a person has been ordered by a court to pay a fine, they must do so by the time specified in the order that was made under section 734.1. Failure to pay the fine in full by this deadline means that the person is in default of payment. This section, along with sections 734.1 to 737, articulate the rules and procedures that apply in cases where someone is in default of payment. These sections establish mechanisms for enforcement and collection of fines, as well as consequences for non-payment. For instance, section 734.6 states that a judge may issue a warrant for arrest where an accused person is in default of payment of a fine. Similarly, section 734.5 establishes that a judge may impose a period of imprisonment as a consequence of default of payment. Furthermore, these sections acknowledge that some people may be unable to pay their fines due to financial hardship or other circumstances. To address this, section 734.4 allows a judge to vary the terms of a fine payment order if a person is genuinely unable to pay as ordered. Overall, section 734(3) is an important provision in the Criminal Code of Canada as it helps to ensure that fines ordered by the court are paid in a timely manner and provides recourse for cases where payment is not made as ordered.
COMMENTARY
Section 734(3) of the Criminal Code of Canada deals with the non-payment of fines by individuals who have been ordered to do so by a court of law. Essentially, this section outlines when a person is considered in default of payment of a fine and what the consequences of such a default may be. Under this section, an individual is considered to be in default of payment if they have not paid the fine in full by the time set out in the order made under section 734.1. This means that if a court orders an individual to pay a fine by a certain date and the individual does not comply with this order, they are then considered to be in default. The consequences of being in default of payment of a fine can be quite severe. For instance, the individual may be subject to additional fines, penalties, or even imprisonment. This is because the court sees non-payment of fines as a serious offence and will take steps to ensure that the fine is ultimately paid. Additionally, being in default of payment of a fine can also negatively impact an individual's credit score and financial standing. This is because unpaid fines may be reported to credit bureaus and can affect an individual's ability to secure loans or credit in the future. Overall, section 734(3) of the Criminal Code of Canada serves an important purpose in ensuring that individuals who have been ordered to pay fines by a court of law actually do so. By outlining what constitutes default and the potential consequences of non-payment, this section helps to maintain the integrity of the justice system and promotes accountability among those who are ordered to pay fines.
STRATEGY
Section 734(3) of the Criminal Code of Canada pertains to the non-payment of fines imposed by the court as a penalty for committing a crime. When a person is in default of payment of a fine, they may face significant consequences, such as imprisonment, additional fines, or community service. Therefore, anyone who has been convicted of a crime and is unable to pay the fine should consider some strategic considerations when dealing with this section of the Criminal Code of Canada. One of the most effective strategies that a person can use when facing a fine they cannot afford to pay is to seek legal advice. A criminal defense lawyer can help the offender understand the various options available to them, such as requesting an extension or reduction of the fine or appealing the sentence. An experienced attorney can also negotiate with the court or the prosecutor to determine an acceptable arrangement for the payment of the fine, such as an installment plan that fits the offender's budget. Another strategic consideration for offenders who cannot pay their fines is to engage in community service or volunteer work to offset the amount owed to the court. This approach may demonstrate a willingness to take responsibility for the crime committed and a dedication to giving back to the community. Additionally, offenders who cannot pay their fines may seek financial assistance from family, friends, or charitable organizations to help them discharge the debt. Another strategy that could be employed to avoid defaulting on a fine is to pay the fine in full on or before the due date. This may not be possible for everyone, but it is the best option to avoid the risk of additional penalties, including imprisonment. In some cases, a person may need to sell assets or liquidate savings to cover the expense, but ultimately, it may be a cost-effective solution compared to facing further consequences. In conclusion, Section 734(3) of the Criminal Code of Canada provides for the consequences for non-payment of fines. While it may seem daunting to manage the payment of a fine, there are strategic considerations that can be taken to alleviate the burden. Seeking legal advice can help an individual explore various options to pay off the debt or negotiate with the court or prosecutor. Additionally, community service, financial assistance, or selling assets may also be viable options for those who cannot pay the fine upfront. Regardless of the strategy, it is essential to address it promptly and find a workable solution to avoid facing even more severe consequences.