The military courts in Judea & Samaria have the authority to issue a sentence requiring the accused to pay a fine. In this summary we will address how much time a convict has in order to pay a fine and what the ramifications are if the fine is not paid in time.
We will first discuss fines imposed by the military courts and then fines issued by the police for traffic violations.
Fines Sentenced by Military Courts
Article 173 of the Security Directives Order [Consolidated Version] (Judea & Samaria) (No. 1651), of 2009, states that unless the court specifically states otherwise, fines imposed by a military court (including for traffic violations), shall be paid immediately.
Article 174 of the Security Directives Order states that if a fine is not paid on time, the fine will increase by an additional penalty of 50% of the unpaid portion of the fine, 50% of the remaining fine will be added again every 6 months until the fine is paid in full. Any partial payments pay off the additional fee before the fine.
Additionally article 175 of the Security Directives Order allows a military court to rule, that if a fine is not paid on time a jail sentence of up to 3 years will take its place. This can be decided when the court issues a sentence requiring the payment of a fine or at the request of a military prosecutor, if a fine is not being paid.
If one starts to serve a jail sentence for not paying a fine, and before completing his sentence pays part of the fine, his jail time will be reduced in proportion to the part he paid.
If one serves out his jail sentence, he is then not required to pay the fine or the additional late penalty. If he served part of his sentence and then wishes to pay the fine, the fine is reduced in proportion to the time served and the late penalty will be calculated according to the reduced fine.
In other words time served for not paying a fine is a substitute for the fine itself.
Another method the court has, to secure the payment of a fine, is the seizure of property. Article 179 of the Security Directives Order states that if a final judgment requiring the payment of a fine is sentenced and the fine not paid, the military commander may seize property which will be sold and used to pay off the fine.
Police Issued Traffic Fines
Article 29a of the traffic order (Judea & Samaria) (No. 1310) of 1992, states that a police officer may issue a fine notification if he believes that a person has committed a traffic violation, which is set in the security legislation as a “fine offense” and did not commit the offense under exacerbating circumstances.
Anyone receiving such a fine must pay it in full within 90 days or notify the police that he wishes to face trial for the offense.
If one did not pay and did not request a trial, he is considered to have been convicted by a military court and required to pay the fine immediately, including the previously mentioned late penalties if the fine still remains unpaid.
If a police officer issues a fine notification and discovers that at the time a prior pending traffic violation fine is still outstanding, he may suspend the person’s driving license until the prior fine is paid. If more that one fine was not paid, the officer may seize the vehicle owned by the offender or the offender’s spouse until the prior fines and vehicle seizure costs are paid.