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NCJ Number: 68043 Find in a Library
Title: PENAL AND ADMINISTRATIVE FINES VERSUS PENALTIES INVOLVING LOSS OF PERSONAL FREEDOM (FROM CAPITULO CRIMINOLOGICO 5, P 237, 239-266, 1977)
Author(s): A BERISTAIN
Date Published: 1977
Page Count: 29
Format: Article
Language: Spanish
Country: Venezuela
Annotation: THE ADVANTAGES, AS WELL AS SOME DISADVANTAGES, OF FINES AS ALTERNATIVES TO INSTITUTIONALIZATION FOR MINOR OFFENSES ARE DISCUSSED, WITH PARTICULAR REFERENCE TO SPAIN AND SOME EUROPEAN AND LATIN AMERICAN COUNTRIES.
Abstract: INTENDED FOR AN AUDIENCE OF LEGAL EXPERTS AND LAW STUDENTS, THIS STUDY TRACES THE HISTORY OF FINES TO CLASSICAL ANTIQUITY AND EARLY GERMAN AND FRENCH HISTORY. IT THEN EXAMINES IN DETAIL THE ADVANTAGES AND ALLEGED DISADVANTAGES OF FINES, BOTH PENAL AND ADMINISTRATIVE, AS COMPARED TO PENAL SANCTIONS INVOLVING INSTITUTIONALIZTION OF OFFENDERS. PECUNIARY SANCTIONS DO NOT INVOLVE STIGMATIZATION AND SOCIAL REINTEGRATION PROBLEMS, YET THEY SEEM TO HAVE GREATER DETERRENT IMPACT IN PREVENTING RECIDIVISM THAN INCARCERATION, SINCE SOME OFFENDERS FIND THE LATTER LESS PAINFUL THAN THE FORMER. FURTHERMORE, FINES DO NOT PENALIZE OFFENDERS' FAMILIES BY DEPRIVING THEM OF WHAT IS OFTEN THEIR MOST VALUED MEMBER AND OF THEIR MEANS OF LIVELIHOOD. VICTIMS CAN BE COMPENSATED, AT LEAST FINANCIALLY, FOR THE DAMAGE THEY HAVE SUFFERED. PENAL FINES ALSO ALLOW JUDGES GREATER DISCRETION IN TAILORING PUNISHMENT TO THE OFFENDERS' PERSONAL AND FINANCIAL SITUATIONS. HOWEVER, SOME DISADVANTAGES OCCUR WITH USING FINES. FOR EXAMPLE, NOT ALL OFFENDERS CAN AFFORD TO PAY FINES, WHEREAS EVERYONE CAN AFFORD TO GO TO PRISON. POOR DEFENDANTS ARE AFFECTED BY FINES MORE THAN THE RICH, AND SOME POOR DEFENDANTS MAY EVEN BE DRIVEN TO COMMIT PROPERTY CRIMES IN ORDER TO PAY FINES FOR PREVIOUS OFFENSES. THIS STUDY FINDS, HOWEVER, THAT NOT ALL DISADVANTAGES MENTIONED HAVE REAL MERIT, AND THAT THEY ARE OUTWEIGHED BY THE ADVANTAGES. THREE TYPES OF PENAL FINES ARE DESCRIBED: (1) GLOBAL (TO BE PAID IN ONE LUMP SUM); (2) TEMPORAL (WITH PAYMENTS DISTRIBUTED OVER A PREDETERMINED PERIOD OF TIME, DEFINED IN DAYS, WEEKS, AND MONTHS); AND (3) DAILY (PAYMENT OF A FIXED AMOUNT OF MONEY FOR A DETERMINED NUMBER OF DAYS). ADMINISTRATIVE FINES, DEFINED AS SANCTIONS IMPOSED BY A GOVERNMENT ADMINISTRATION UPON ITS OFFICIALS AND/OR EMPLOYEES FOR INFRACTIONS COMMITTED IN OFFICE, ALSO ARE POSSIBLE DETERRENTS FOR THESE CRIMES. A DETAILED EXAMINATION OF ADMINISTRATIVE FINES UNDER SPANISH CIVIL LAW IS GIVEN. A LIST OF BIBLIOGRAPHIC REFERENCES AND AN ADDITIONAL BIBLIOGRAPHY OF CONSULTED WORKS ARE APPENDED. --IN SPANISH. (LGR)
Index Term(s): Administrative adjudication; Alternatives to institutionalization; Comparative analysis; Europe; Fines; Latin America; Spain
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68043

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