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International Journal for Crime, Justice and Social Democracy Queensland University of Technology 2202-8005 The International Journal for Crime, Justice and Social Democracy is an open access, blind peer reviewed journal that publishes critical research about challenges confronting criminal justice systems around the world. Committed to Open Access  and democratising quality knowledge production and dissemination. FREE TO DOWNLOAD AND FREE TO PUBLISH!  http://creativecommons.org/licenses/by/4.0
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International Journal for Crime, Justice and Social Democracy 3 1

Towards Equalisation of the Impact of the Penal Fine: Why the Wealth of the Offender Was Taken into Account

Abstract

Important changes in the legal regulation of the fine culminated in the implementation of the day-fine system in many European countries during the twentieth century. These changes resulted from various late nineteenth century rationalities that considered the fine a justifiable punishment. Therefore, they supported extending its application by making it affordable for people on low incomes, which meant imprisonment for fine default could mostly be avoided without undermining the end of punishment. In this paper I investigate the historical development of the penal fine as well as the changing forms of this penalty in Western European criminal systems from the end of the eighteenth century until the late nineteenth century.

Published:
Pages:3 to 15
Section: Articles

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Author Biography

University of A Coruña, Spain/ Max Planck Institute for Foreign and International Criminal Law, Germany
Spain Spain

Professor for Criminal Law, Department of Public Law, University of A Coruña/ Marie Curie fellow, Max Planck Institute for Foreign and International Criminal Law