NCJ Number
20449
Journal
AUSLANDSTEIL DER ZEITSCHRIFT FUR DIE GESAMTE STRAFRECHTSWISSENSCHAFT Volume: 86 Issue: 2 Dated: (1974) Pages: 595-613
Date Published
1974
Length
19 pages
Annotation
TREATISE ON THE DEVELOPMENT OF THE SO CALLED DAY FINE SYSTEM, WHEREBY THE AMOUNT IS FIXED ON THE BASIS OF THE DAILY INCOME OF THE OFFENDER.
Abstract
AFTER DEALING WITH THE HISTORY OF THE DAY FINE SYSTEM, THE AUTHOR DISCUSSES DIFFERENCES IN THE SYSTEMS OF SWEDEN, FINLAND, AND DENMARK. THE FINE IS CALCULATED ON THE BASIS OF INCOME, CAPITAL, TAX AND ALIMONY OBLIGATIONS. THERE IS A MINIMUM AND MAXIMUM. THE DAY FINE SYSTEM DIFFERS FROM THE FIXED FINE SYSTEM IN THAT THE FORMER APPLIES TO MORE SERIOUS OFFENSES AND SUBSTITUTES FOR IMPRISONMENT, ALTHOUGH FAILURE TO PAY UNDER CERTAIN CIRCUMSTANCES CAN STILL LEAD TO IMPRISONMENT. THE LATTER, APPLIED TO OFFENSES SUCH AS ILLEGAL PARKING, IS NOT BASED ON INCOME AND CANNOT LEAD TO IMPRISONMENT. THE AUTHOR CONCLUDES THAT THE DAY FINE SYSTEM HAS LED TO CONSIDERABLE DECREASE IN IMPRISONMENT AND IS NOW GENERALLY ACCEPTED IN SWEDEN AND FINLAND, BUT STILL MEETS WITH OPPOSITION IN DENMARK. REFERENCES ARE INCLUDED. --IN GERMAN