The criminal fine and its conversion into imprisonment in Romanian law: how it is calculated and what risks you face in practice

1. Where the criminal fine fits in the system of penalties

Under the Romanian Criminal Code (Law no. 286/2009), the main criminal penalties applicable to natural persons are: imprisonment, criminal fine and, in some cases, a custodial educational measure for minors. The fine is therefore a principal penalty, not a simple administrative sanction or a “ticket”. It is pronounced through a criminal judgment, it is entered in the criminal record and it is executed according to strict rules.

The criminal fine must also be distinguished from:

• Contravention fines (for example, traffic tickets), which are governed by the Government Ordinance no. 2/2001 on contraventions and do not generate a criminal record; and
• Fiscal fines and penalties, which are applied by tax authorities (ANAF) under the Fiscal Procedure Code and do not have the nature of a criminal penalty.

Only the criminal fine pronounced by a criminal court is relevant for the rules on conversion into imprisonment and for your criminal record.

2. The day-fine system: how the court builds the amount in two steps

Romanian law uses a day-fine system for criminal fines. According to Article 61 of the Criminal Code, the court does not simply choose an overall amount “by intuition”. It must go through two distinct steps:

1. Step one: determine the number of day-fines. The court sets a number between 30 and 400 day-fines, within special limits depending on how the offence is sanctioned (only fine, alternative with imprisonment of up to two years or alternative with imprisonment greater than two years).
2. Step two: determine the value of one day-fine. After choosing the number of days, the court sets the sum corresponding to one day-fine, currently between 60 and 600 RON per day, taking into account your financial situation and the legal obligations you have towards persons you support.

The final amount of the criminal fine is obtained by multiplying the number of days by the value of one day-fine. Since June 2025, these values have been updated by Law no. 116/2025, which raised the range for the day-fine from 60 to 600 RON.

In practice, this means that for the same number of days the minimum and maximum possible overall fine have substantially increased, which directly affects the risk you face if the court opts for a fine instead of imprisonment.

3. Special limits of the day-fine and fine together with imprisonment

The Criminal Code sets special ranges for the number of day-fines, depending on how the offence is framed in the special part of the Code. According to Article 61 paragraph (4) Criminal Code, the limits are, in principle:

• 60–180 day-fines when the law provides only the penalty of a fine for the offence;
• 120–240 day-fines when the law provides the fine as an alternative to imprisonment of up to two years;
• 180–300 day-fines when the law provides the fine as an alternative to imprisonment greater than two years.

If the offence was committed to obtain a patrimonial benefit, these limits may be increased by up to one third (Article 61 paragraph (5) Criminal Code). The court can therefore reach up to 400 day-fines in certain situations.

Moreover, Article 62 of the Criminal Code allows the court, for offences committed to obtain a patrimonial benefit, to impose a fine in addition to imprisonment. In these cases:

• Imprisonment remains the main penalty.
• The fine is a complementary principal penalty that must also be executed.
• If the fine is not paid in bad faith, it can be converted into additional imprisonment, which will be added to the main prison sentence.

This aspect is extremely important in practice: a fine that accompanies a prison sentence does not disappear. Non-payment can lead to an extension of the time you actually spend in prison.

4. How the criminal fine is paid: deadlines and procedure

The payment of the criminal fine is governed both by the Criminal Procedure Code and by Law no. 253/2013 on the execution of sentences and non-custodial measures. The key rules are found in Article 559 Criminal Procedure Code and in Articles 22–24 of Law no. 253/2013.

4.1. The three-month deadline for payment

As a rule, once the conviction becomes final, the person sentenced to a fine must:

• pay the fine to the state budget, and
• submit the proof of full payment to the executing judge within three months from the date the judgment became final.

The three-month period is calculated from the date when the conviction is final (for example, the date of the judgment of the court of appeal or the date when the appeal deadline expired without an appeal being filed). If you do not submit proof of payment, the executing judge will verify ex officio whether the fine has been paid and what the situation actually is.

4.2. Payment in instalments (eșalonarea amenzii penale)

If you cannot pay the entire fine at once, you can ask the court for payment in instalments. Article 559 paragraph (2) Criminal Procedure Code allows the executing judge, at your request, to stagger the payment over a period of up to two years, in equal monthly instalments. Law no. 253/2013, in Article 22, details how instalments are set and how the payment schedule is monitored.

In order to obtain instalments you will normally need to prove:

• your income level and regular expenses (rent, loans, dependants);
• other obligations you have to support family members or pay maintenance;
• the fact that you want to pay and that you are not simply trying to avoid the penalty.

In practice, courts often accept instalments for people with modest incomes or who already have other financial obligations. However, they do not accept mere lack of interest or an attempt to postpone payment indefinitely.

4.3. Special rules for legal entities

For legal entities, the execution of the fine is governed by Chapter II of Title II of Law no. 253/2013. Article 25 provides that the legal person must pay the fine within three months of the conviction becoming final and must send proof of payment to the executing judge within 15 days of payment. Non-payment can lead to enforcement measures against the company; however, conversion into imprisonment applies only to natural persons.

5. Non-payment of the fine: bad luck versus bad faith

The law makes a crucial distinction between:

• Non-payment due to bad faith – for example, you have income or assets but deliberately refuse to pay the fine or hide your income; and
• Non-payment for reasons that are not your fault – such as loss of job, severe illness or other situations where you objectively cannot pay, despite reasonable efforts.

This distinction matters because the conversion of the fine into imprisonment is allowed only if the court finds that you did not execute the fine in bad faith (Article 63 Criminal Code). If the non-payment is due to reasons beyond your control, the appropriate solution is usually to replace the fine with community work, as we will see below.

In practice, the executing judge analyses:

• your income and assets (including bank accounts, movable and immovable property);
• whether you requested instalments when you could not pay the entire amount;
• whether you tried to pay at least part of the fine;
• whether you collaborated with the court and with the probation service.

Case law and legal literature have underlined that it is not enough simply to wait for three months and then say “I cannot pay”. You must proactively show that you have tried to comply with the judgment and that non-payment is not due to your fault.

6. From fine to community work: an important safety valve

When the fine cannot be executed, in whole or in part, due to reasons that are not imputable to the convicted person, the law provides a mechanism that prevents immediate conversion into imprisonment. According to Article 64 Criminal Code and Article 23 of Law no. 253/2013:

• if the fine cannot be paid for reasons beyond your control, with your consent, the court may replace the obligation to pay the unpaid part of the fine with an obligation to perform unpaid community work;
• one day-fine corresponds to one day of community work;
• the work is carried out under the supervision of the probation service, in institutions or services determined by the court.

The mechanism of replacing the fine with community work is designed specifically for situations where:

• you want to comply with the judgment and accept to perform community work, but
• you objectively do not have the necessary funds to pay the fine.

If you refuse to perform community work or repeatedly violate the schedule set by the probation service, the court may decide to revoke this solution and examine the conversion of the fine into imprisonment.

7. Conversion of the criminal fine into imprisonment

The most sensitive point in practice is the situation where the fine is not executed and the court must decide whether to convert the unpaid days into imprisonment. The basic rule is provided by Article 63 Criminal Code:

• if the convicted person in bad faith does not execute the fine, in whole or in part, the number of unpaid day-fines is replaced with a corresponding number of days of imprisonment;
• if the unpaid fine accompanied imprisonment, the resulting imprisonment (corresponding to the unpaid days) is added to the original imprisonment, and the resulting penalty is considered a single sentence;
• in all cases, one day-fine corresponds to one day of imprisonment.

For example, if you receive a fine of 180 day-fines at 100 RON per day (a total of 18,000 RON) and you pay only half, the court can convert the remaining 90 day-fines into 90 days of imprisonment, if it finds that non-payment was in bad faith.

The High Court of Cassation and Justice has clarified, in the context of interpreting the rules on execution of fines and community work (for example, in Decision no. 8/2023), that the rules of the Criminal Code, the Criminal Procedure Code and Law no. 253/2013 must be read together, as part of a coherent system that aims both at ensuring the effectiveness of criminal penalties and at protecting fundamental rights.

7.1. When can the judge decide conversion?

The executing judge can convert the fine into imprisonment only after:

• the three-month period for payment has expired;
• you have not paid the fine and have not obtained instalments or replacement with community work; and
• the judge finds, based on the evidence, that the non-execution is due to bad faith.

Before resorting to imprisonment, the court must also consider whether community work is possible. Only if community work cannot be ordered (for example, you refuse, you are medically unable or you have already broken the rules of community work) does conversion into imprisonment become the main option.

7.2. How many days of imprisonment can result?

The number of days of imprisonment is equal to the number of unpaid day-fines. The court cannot arbitrarily exceed this number or set a shorter term. The logic of the day-fine system is that each unit has a clear and predictable equivalent, both in money and in days of imprisonment.

If the fine accompanied imprisonment, the additional days are added to the original sentence. For example:

• you receive 2 years of imprisonment and a fine of 120 day-fines (at 80 RON per day, total 9,600 RON);
• you do not pay anything and the court finds that you acted in bad faith;
• the 120 unpaid day-fines are converted into 120 days of imprisonment, which are added to the original 2 years. The resulting sentence is a single penalty of 2 years and 4 months of imprisonment.

From the perspective of criminal policy, conversion is a last resort, but it is real and used in practice when the convicted person persistently refuses to execute the fine.

8. Limitation of enforcement: the three-year prescription period for fines

Like all criminal penalties, the fine is subject to prescription of enforcement. According to Article 162 Criminal Code, the prescription period for enforcement of the penalty, in the case of fines applied to natural persons, is three years from the date when the conviction became final.

However, this does not mean that you can simply “wait it out” and hope that the three years will pass. The reason is that:

• the course of the prescription period can be interrupted by the start of enforcement, by acts of enforcement undertaken by authorities or by the commission of a new offence (Article 163 Criminal Code);
• in practice, enforcement procedures (including conversion into community work or imprisonment) are often initiated well before the three-year term expires.

Moreover, once the fine has been converted into imprisonment, the relevant prescription rules become those applicable to the prison sentence resulting after conversion, which are much longer than three years.

9. The criminal record: how a criminal fine and its conversion appear and when they disappear

A conviction to a criminal fine appears in the criminal record (cazier judiciar) just like any other conviction. This can affect employment, public tenders, certain regulated professions and, in general, the perception of authorities or business partners.

The main mechanism that removes the conviction from the criminal record is rehabilitation. Article 165 of the Criminal Code provides that rehabilitation operates by law after three years, in the case of convictions to a fine (and in the case of imprisonment of up to two years or imprisonment suspended under supervision), provided that during this time the convicted person does not commit another offence.

According to Article 167 Criminal Code, in the case of fines, the three-year period is calculated from the date when the fine was fully paid or from the date when the execution of the fine ended in another way (for example, by community work or by conversion into imprisonment). Only after this period expires, if no new offences were committed, does the criminal record authority remove the entry ex officio.

If the fine was converted into imprisonment, the rehabilitation period is calculated with reference to the prison sentence actually resulting from conversion, which means that the conviction will remain in the criminal record for a longer time.

In practice, if you want to check whether you are still registered in the criminal record, the safest solution is to obtain an updated criminal record certificate and, where necessary, to discuss the situation with a criminal lawyer who can assess whether rehabilitation has operated or if an application for judicial rehabilitation is appropriate.

10. Practical examples of calculation and conversion of the criminal fine

To understand how the day-fine system works and what the risks of non-payment are, it helps to look at a few practical, simplified examples. These are not advice for any particular case, but illustrations of how the rules can work.

Example 1: fine as sole penalty, paid on time

A person is convicted for an offence punishable only with a fine. The court sets:

• 90 day-fines (within the 60–180 range);
• a value of 80 RON per day, taking into account the person’s income.

The final fine is 7,200 RON. The convicted person pays the full amount within three months and sends the receipt to the executing judge. In this scenario:

• the fine is executed and cannot be converted into imprisonment;
• after three years from full payment, if no other offence is committed, rehabilitation by law operates and the conviction disappears from the criminal record.

Example 2: fine, partial payment and instalments

A person receives a fine of 200 day-fines, at 100 RON per day (20,000 RON in total). Within three months, he pays 5,000 RON and applies for instalments for the remaining 15,000 RON. The court grants instalments over 24 months.

If the person complies with the payment schedule and finishes paying, the fine is executed. The fact that part of the fine was paid after the initial three months does not automatically trigger conversion into imprisonment, because the person cooperated, requested instalments in due time and complied with the schedule set by the court.

Example 3: non-payment in bad faith and conversion into imprisonment

A person is convicted to a fine of 180 day-fines at 150 RON per day (27,000 RON). He has regular income and assets, but does not pay anything within three months, does not request instalments and ignores all summons from the executing judge.

The court finds that non-payment is due to bad faith. The entire number of day-fines (180) is converted into 180 days of imprisonment. The person is arrested and the prison sentence is executed. The rehabilitation period will now be calculated taking into account the prison sentence, not the fine.

Example 4: conversion into community work instead of imprisonment

A person receives a fine of 120 day-fines at 70 RON per day (8,400 RON). Shortly after the conviction, he loses his job and can no longer pay the remaining amount. He documents his situation (proof of unemployment, lack of assets, family obligations) and requests the replacement of the unpaid fine with community work.

The court accepts the request and replaces the unpaid part of the fine with unpaid community work. One day-fine corresponds to one day of work. If the person complies with the work schedule, the penalty is considered executed. Rehabilitation by law will take place after three years from the date when the community work was completed.

11. Typical mistakes to avoid if you are sentenced to a criminal fine in Romania

From the perspective of practice and of the cases that often reach criminal courts and lawyers, there are several recurrent mistakes that significantly increase the risk of the fine being converted into imprisonment:

• Ignoring the three-month deadline and hoping that “nothing will happen”. In reality, the executing judge is notified and will verify how the fine is executed.
• Not requesting instalments in time, although your financial situation clearly does not allow full payment at once.
• Not keeping proof of payments made, of job loss or of health problems, which could demonstrate that non-payment is not due to bad faith.
• Refusing community work even when you cannot pay, forcing the court to consider conversion into imprisonment.
• Underestimating the impact on the criminal record and on the possibilities of employment or access to certain professions.

A criminal fine is not a “minor” sanction, and its execution should be treated with the same seriousness as a suspended prison sentence. In many cases, a well-prepared legal strategy can make the difference between a penalty executed through payment or community work and conversion into an effective prison sentence.

If you have been indicted or convicted in Romania and you are facing a criminal fine, it is prudent to discuss the situation with a criminal lawyer as early as possible. On the English section of my website you will find other practical guides on Romanian criminal law, such as the role and importance of the criminal indictment or practical aspects of the offence of fraud, which can help you better understand how Romanian criminal procedure works.

For a personalised analysis of your situation, you can contact the law office using the details on the contact page or by going directly to the Lawyer Blog (English) section.

FAQ – Criminal fine and its conversion into imprisonment in Romanian law