The Execution of Criminal Fine Penalty

• Author: Cosmin Peneoasu
• Position: Master Student, Danubius University of Galati, Faculty of Law, Romania
• Pages: 433-440

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433

The Execution of Criminal Fine Penalty

Cosmin Peneoau

1

Abstract: This paper aims at dissecting the criminal provisions on criminal enforcement of fines in current

Romanian criminal law with the goal of highlighting the new penal policy stated in the larger field of criminal

penalties. In the new Criminal Code the fine penalty experience a new regulation, but also a wider scope

compared to the Criminal Code from 1968, with an exponential growth of the number of offenses or

variations of them, for which a fine may be imposed as a un ique punishment, but, especially, as an alternative

punishment to imprisonment. Con sequently, to ensure the efficiency of this punishment, the effective

enforcement manner of the fine takes a new di mension. The study aims both students and academics or

practitioners in the making. Furthermore, throughout the approach of this scientific research, ne w matters that

new criminal legislation brings, are emphasized regarding th is institution, both in a positive, and especially

under a critical manner.

Keywords: offence; punishment; efficiency; social obligation

1. Introduction

Given the role that patrimony plays in individual and collective life and given the attitude that man has

had, at all times, facing damages to his wealth, it was naturally for laws to convert in criminal

punishments certain monetary constraints able to come of as a real ―pain‖ for those who violate the

social order.

As an effective mean of legal constraint, the fine can be criminal, civil, administrative, disciplinary,

tax or procedural sanction. In criminal law, the fine is part of the main penalties and represents the

sum of money that the convict is obliged to pay the state.

In terms of its substance, its content and object, the criminal fine is a pecuniary penalty. Its repressive

character, as a mean of coercion, results from the forced reduction of the condemned patrimony; this

forced reduction consists in paying an amount of money, fixed by the state criminal court.

The criminal fine, in relation to the repression function performed, can be used either as a principal

penalty, in which case it operates as an independent sanction, or as a secondary punishment

accompanying another penalty, that complement its function (Dongoroz, 2003).

1 Master Student, Danubius University of Galati, Faculty of Law, Romania, Address: 3 Galati Blvd, 800654 Galati, Romania,

Tel.: +40372361102, Fax: +40372361290, Corresponding author: cosminpeneoasu@yahoo.com.