REFORM OF FINES IN AUSTRIA

• NCJ Number: 64766
• Author(s): J DRIENDL
• Date Published: 1978
• Length: 182 pages
• Corporate Author: Max-Planck-Institute Fur Auslandisches und Internationales Strafrecht; Nomos Verlagsgesellschaft
• Sale Source: Nomos Verlagsgesellschaft
• Language: German
• Country: West Germany (Former)
• Note: COMPARATIVE LAW RESEARCH IN PENOLOGY, SERIES 3, V 2

Annotation

THE RECENT EXPANSION OF THE USE OF FINES AS A PENALTY IN AUSTRIA AND THE SYSTEM OF FINES EMPLOYED ARE EXPLAINED.

Abstract

THE HISTORICAL DEVELOPMENT OF FINES AND THEIR USE AS A REPLACEMENT FOR SHORT-TERM IMPRISONMENT ARE DISCUSSED; WITH ATTENTION TO THE ADOPTION OF THE SCANDINAVIAN SYSTEM OF PAYMENT AT A DAILY RATE AND TO THE MEANS OF SETTING THE FINE, WHICH INVOLVE ADJUSTMENTS FOR GUILT OR INNOCENCE, ECONOMIC AND PERSONAL CIRCUMSTANCES, LONG-TERM EFFECTS, AND PREVENTIVE ENDS. FINES ARE THEN DIFFERENTIATED FROM SIMILAR SANCTIONS, AND NEW AREAS FOR THEIR USE ARE OUTLINED. FINALLY, PROCEDURAL PROBLEMS OF CALCULATING THE LEVEL OF FINES AND SPECIAL REPLACEMENT SANCTIONS (E.G., PUBLIC SERVICE) WHEN FINES CANNOT BE PAID ARE DESCRIBED, AS ARE STATISTICS ON THE FREQUENCY AND THE AMOUNT OF FINES. REPLACEMENT OF SHORT PRISON TERMS WITH FINES IS VIEWED AS A CHANGE INTENDED TO AVOID PROBLEMS CAUSED BY SHORT PRISON TERMS. A DAILY RATE PAYMENT SCHEDULE IS PROJECTED, WHICH TAKES INTO CONSIDERATION INDIVIDUAL CIRCUMSTANCES AND GUILT WHILE LIMITING THE LIFE STYLE OF THE CONVICTED OFFENDER; EQUITY OF FINES IS ASSURED BY DETERMINATION OF THE NUMBER AND AMOUNT OF DAILY FINES AS WELL AS BY APPLICATION OF A LONG-TERM PAYMENT SYSTEM. THE INTERPRETATION OF FINES AS AN AUTONOMOUS SANCTION HAS MADE THE USE OF FINES POSSIBLE REGARDLESS OF THE NATURE OF THE CRIME FOR SENTENCES OF BELOW 10 YEARS; THE JUDGE MUST DECIDE WHETHER IMPRISONMENT OR FINES ARE DESIRABLE IN INDIVIDUAL CASES. FINES ARE EXPECTED TO EVENTUALLY MAKE UP MORE THAN 60 PERCENT OF ALL PENALTIES, HAVING ALREADY REACHED 70 PERCENT FOR ADULTS WITHOUT PREVIOUS RECORDS AND 40 PERCENT FR ADULTS WITH PREVIOUS RECORDS. UNFORTUNATELY, IT HAS NOT BEEN POSSIBLE TO USE THE FINE AS A MEANS OF RECLAIMING OFFENDERS' ILL-GOTTEN GAINS, AND THE DAILY RATE MAY BE SET SO LOW BY THE JUDGE THAT IT HAS NO EFFECT ON THE OFFENDER'S LIFE STYLE. DESPITE SUCH UNRESOLVED PROBLEMS, THE AUSTRIAN SYSTEM HAS GAINED MUCH SUPPORT FROM JUDGES AND THE PUBLIC. NOTES, TABLES, AND AN EXTENSIVE BIBLIOGRAPHY ARE SUPPLIED. --IN GERMAN. (KMD)