Imposition of a fine when not allowed by the relevant statute.

My $.02:

In Michigan the allowable incarceration and fine to be imposed for a criminal offense is derived from the corresponding statute setting forth the offense and the possible penalty.  People v Neil, 99 Mich App 677 (1980).  Depending on the particular statute, certain criminal statutes provide for incarceration but do not set forth an allowable fine.  Other statutes allow for the imposition of a fine or incarceration, and other offenses allow for the imposition of a fine and incarceration. 

Under our rules of statutory construction, unambiguous statutes are to be enforced as written.  People v Holder, 483 Mich 168 (2009). Accordingly, it would seem that if a criminal statute does not allow for the imposition of a fine, the same is not authorized as a lawful penalty at sentencing.  See MCL 769.24: “Whenever, in any criminal case, the defendant shall be adjudged guilty and a punishment by fine or imprisonment shall be imposed in excess of that allowed by law, the judgment shall not . . . be wholly reversed . . ., but the same shall be valid and effectual to the extent of the lawful penalty . . ..”