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All Jurisprudence based

0 tracked cards Criminal Law

A judgment separately orders a criminal fine and civil damages. The insolvent convict validly serves the subsidiary personal liability for the fine. Later, his financial circumstances improve. He claims the service both extinguished the damages and permanently relieved him of the fine. Which answer follows Article 39 and Nanzan?

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Only civil damages disappear. The damages are not extinguished by that service, and Article 39 preserves the fine if financial circumstances improve. The victim's damages automatically become a new prison term. Subsidiary service never distinguishes a fine from damages.

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