INSTALLMENT-PAYMENT FINES UNDER THE AUSTRIAN CRIMINAL CODE

• NCJ Number: 29156
• Journal: ILLUSTRIERTE RUNDSCHAU DER GENDARMERIE Volume: 28 Issue: 6 Dated: (JUNE, 1975) Pages: 13
• Author(s): R OSTERKORN
• Date Published: 1975
• Length: 1 page
• Corporate Author: Illustrierte Rundschau Der Gendarmerie
• Publication Format: Article
• Language: German
• Country: Austria

Annotation

FINES ARE ONLY EFFECTIVE AS PUNISHMENT WHEN PAYMENT OF SO MUCH PER DAY IS REQUIRED RATHER THAN A LUMP SUM, FOR OTHERWISE THE MORE AFFLUENT OFFENDER WOULD SCARELY FEEL THE LOSS WHILE THE POORER OFFENDER WOULD BE HARD HIT.

Abstract

AN ADVANTAGE OF FINES IS THAT FEWER OFFENDERS ARE SENT TO THE ALREADY CROWDED PRISONS. THE NEW AUSTRIAN CRIMINAL CODE DOES NOT MAKE IT CLEAR HOW THE OFFENDER'S ABILITY TO PAY IS TO BE DETERMINED WHERE A FINE OF SO MUCH PER DAY IS IMPOSED. HOWEVER, IT DOES AUTHORIZE SETTING THE AMOUNT OF THE FINE IN PROPORTION TO THE OFFENDER'S ABILITY TO PAY. EXPERIENCE WILL SHOW HOW THIS WORKS OUT IN PRACTICE. NO PUNISHMENT FOR FALSE STATEMENTS BY OFFENDERS IN THIS RESPECT IS PROVIDED FOR. --IN GERMAN