Skip to main content skip navigation
  • Account
    • Login
    • Manage
  • Subscribe
    • JUSTINFO
    • Register
  • Shopping Cart
  • Contact Us
    • Email
    • Feedback
    • Chat
    • Phone or Mail
  • Site Help
National Criminal Justice Reference Service
Office of Justice Programs header with links to bureaus/offices: BJA, BJS, NIJ, OJJDP, OVC, SMART Office of Justice Programs BJA BJS NIJ OJJDP OVC SMART Office of Justice Programs
Advanced Search  Search Help
    Browse By Topics  down arrow
  • A–Z Topics
  • Corrections
  • Courts
  • Crime
  • Crime Prevention
  • Drugs
  • Justice System
  • Juvenile Justice
  • Law Enforcement
  • Victims
CrimeSolutions
Add your conference to our Justice Events calendar
  • ABOUT NCJRS
  • OJP PUBLICATIONS
  • LIBRARY
  • SEARCH Q & A
  • GRANTS & FUNDING
  • JUSTICE EVENTS
Home / Publications / NCJRS Abstract

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

1 record(s) found

 

NCJ Number: 70692 Find in a Library
Title: German Experience With the System of Day Fines
Journal: Revue de droit penal et de criminologie  Volume:60  Issue:4  Dated:(April 1980)  Pages:303-319
Author(s): G Grebing
Date Published: 1980
Annotation: Procedures and problems of the system of day fines adopted in West Germany in 1975 are outlined.
Abstract: The goals of the system are to reduce the number of short-term jail sentences imposed, to expand the use of fines to a wide variety of crimes, and to adjust the fine to the personal and financial situation of the offender in question. The day-fine system was adopted after research confirmed that on the basis of its use in Scandinavian countries the day fine system is superior to the classical fine system. To establish the amount of the fine, the judge calculates the number of days for which the offender is to be fined according to the seriousness of the offense. Then the judge sets an amount to be paid daily according to the personal and economic situation of the individual. The two numbers are multiplied to obtain the total amount of the fine. The number of days may vary from five to 360 and the daily amount of the fine from 2 to 10,000 German marks. Determining the number of days causes few difficulties in the courts, as the courts can use the number of days in the prison sentence for the same offense as a measure. Most fines do not exceed 90 days. Calculation of the daily amount of the fine is more problematic. The amount must be based on the net income from all sources calculated by monthly rather than yearly income. However, certain individuals such as small businessmen, can manipulate their income to reduce the fine. Furthermore, the usefulness of the fine for individuals in low paying situations, for example nonworking housewives with small children, is questionable and the daily amount extremely difficult to calculate. Estimating the income of students poses similar problems. Special allowances are made for family support money, and easy payment terms are arranged if unexpected expenses interfere with the individual's ability to pay. The amount of the day fine can be increased, if the individual's fortunes improve considerably and a higher rate is needed to achieve the desired punitive effect. The kind and frequency of payments are at the discretion of the judge. The success of the system will depend on the respect that it earns during implementation and on just determination of the fine. One of the remaining problems connected with the system is the need for accurate information on the financial status of the offender, a function theoretically of the judge but carried out practically by the police. Notes are furnished.
Index Term(s): Alternatives to institutionalization; Fines; Germany; Judicial discretion
Page Count: 17
Format: Article
Language: French
Country: Belgium
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=70692

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.




Find in a Library

You have clicked Find in a Library. A title search of WorldCat, the world's largest library network, will start when you click "Continue." Here you will be able to learn if libraries in your community have the document you need. The results will open in a new browser and your NCJRS session will remain active for 30 minutes. Learn More.

You have selected:

This article appears in

In WorldCat, verify that the library you select has the specific journal volume and issue in which the article appears. Learn How.

Continue to WorldCat

You are about to access WorldCat, NCJRS takes no responsibility for and exercises no control over the WorldCat site.

 
Office of Justice Programs Facebook Page  Twitter Page
  • Bureau of Justice Assistance Facebook Page Twitter Page
  • Bureau of Justice Statistics Twitter Page
  • National Institute of Justice Facebook Page Twitter Page
  • Office for Victims of Crime Facebook Page Twitter Page
  • Office of Juvenile Justice and Delinquency Prevention Facebook Page Twitter Page
  • Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking Facebook Page Twitter Page
Contact Us | Feedback | Site Map
Freedom of Information Act | Privacy Statement | Legal Policies and Disclaimers
USA.gov | CrimeSolutions
Department of Justice | Office of Justice Programs