PECUNIARY PENALTIES IN THE PUNISHMENT OF CRIMES - SURVEY AND EVALUATION OF STATISTICS - ITALY

• NCJ Number: 43864
• Journal: QUADERNI DI CRIMINOLOGIA CLINICA Volume: 19 Issue: 1 Dated: (JANUARYMARCH 1977) Pages: 37-63
• Author(s): F MOLINARI
• Date Published: 1977
• Length: 27 pages
• Corporate Author: Ministero di Grazia E Giustizia
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Country: Italy
• Note: THIS STUDY INVOLVED A COLLECTIVE WORK OF COMPARATIVE LAW ON PECUNIARY PENALTIES CARRIED OUT BY THE PENAL LAW SCIENTIFIC RESEARCH GROUP OF THE MAX PLANCK INSTITUTE FOR FOREIGN AND INTERNATIONAL LAW, FREIBURG, WEST GERMANY

Annotation

AN ANALYSIS OF FINES AS A CRIMINAL PENALTY IN ITALY IS PRESENTED, AND SUGGESTIONS FOR REFORM RELATED TO PECUNIARY PENALTIES ARE OFFERED.

Abstract

ITALIAN LAW PROVIDES FOR TWO CATEGORIES OF FINES: 'MULTA' FOR CRIMES AND 'AMMENDA' FOR CONTRAVENTIONS. THIS STUDY IS LIMITED TO DATA ON THE 'MULTA' AS A SENTENCE FOR CRIMINAL OFFENSES. A SURVEY OF ITALIAN JUDICIAL STATISTICS BETWEEN 1946 AND 1972 SHOWS THAT RECOURSE TO DETENTION HAS DECREASED WHILE THE INFLICTION OF PECUNIARY PUNISHMENT IS ON THE RISE. THIS INCREASE IS ATTRIBUTED TO A CORRESPONDING INCREASE IN SOME TYPES OF CRIME PUNISHED WITH A FINE AS AN ALTERNATIVE TO IMPRISONMENT AND TO THE TENDENCY OF JUDGES TO INFLICT FINES FOR SUCH CRIMES IN LIEU OF IMPRISONMENT, RATHER THAN TO A HIGHER FREQUENCY OF CRIMES PUNISHED WITH A MERE FINE. IN SPITE OF THE INCREASE RECORDED, THE USE OF PECUNIARY PUNISHMENT IS STILL VERY LIMITED, WHILE SHORT-TERM IMPRISONMENT IS EXTENSIVELY APPLIED. THE MAJORITY OF PECUNIARY PENALTIES INVOLVE VERY MODEST AMOUNTS OF MONEY, AND CONDITIONAL SUSPENSION OF FINES OFTEN OCCURS. THE PERCENTAGE OF FINES WHICH ARE CONVERTED INTO DETENTION TERMS (DUE TO INSOLVENCY OF THE PERSON SENTENCED) IS MINIMAL, A FACT WHICH MAY BE EXPLAINED BY THE LOW MONETARY AMOUNTS OF THE FINES. EXECUTION OF PECUNIARY PUNISHMENT, UNDER THE CIVIL LAWS, IS COMPLEX AND LABORIOUS. MOREOVER, THE CIVIL LAWS FAIL TO TAKE INTO ACCOUNT THE MINIMUM STANDARD OF LIVING THAT MUST BE GUARANTEED TO THE CONVICTED INDIVIDUAL, AND THE EFFECTS OF PUNISHMENT ARE THEREFORE OFTEN FELT BY THE FAMILY; IN CASES INVOLVING LARGE FINES, CONFISCATION OF GOODS HAS TAKEN PLACE. THE AUTHOR FEELS THAT GROUNDS EXIST FOR LEGISLATIVE REFORM ABOLISHING THE PRACTICE OF INFLICTING FINES IN ADDITION TO IMPRISONMENT, FOR THE FINE FULFILLS NO PUNITIVE FUNCTION. PUNISHMENT SHOULD INVOLVE EITHER IMPRISONMENT OR A PECUNIARY PENALTY, BUT NOT A MIXTURE OF THE TWO. TABLES AND GRAPHS REPRODUCE THE DATA ON WHICH THE STUDY IS BASED. (AUTHOR ABSTRACT MODIFIED). -- IN ITALIAN.