NCJ Number
89338
Date Published
1982
Length
297 pages
Annotation
This study considers fine reform in the Federal Republic of Germany in relation to the fine systems of 20 other countries, with attention to the position and significance of the fine in the legal systems, the scope of the fine, the various regulatory models, fine collection, default imprisonment, the incidence of fining, and reform issues.
Abstract
In addition to the Federal Republic of Germany, the countries considered in this comparative survey are the German Democratic Republic, Argentina, Belgium, England, France, Italy, Japan, the Netherlands, Austria, Poland, Switzerland, Scandinavia (Denmark, Norway, Finland, and Sweden), the Soviet Union, Hungary, the United States, Canada, and Australia. After an introductory discussion of the general historical development of the fine, the position and the significance of the fine in the sanctions system is outlined for each country. This discussion focuses on the fine and problems arising from short imprisonment, the advantages and disadvantages of fining, the border between the fine and other monetary sanctions, and sanctions alternatives to the fine. In considering the scope of the fine, attention is given to the application and mode of infliction and problems arising from the imposition of additional fines for crimes of avarice. Regulatory models discussed are the traditional fixed-sum system, the day-fine system, and other recent fining models. Topics covered in the proportionment of the fine include the punishment aim of the fine and the adjustment of fines to the guilt and financial capacity of offenders. In addition to payment relief, individual deterrence, fine collection, and imprisonment in default of payment, the other topics discussed are statistics and empirical surveys of fining, along with an evaluation of German fining reforms in a comparative and penal policy perspective. A total of 870 footnotes are listed.