The Execution of Criminal Fine Penalty

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

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 ... (see full summary)

 
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The Youth of Toda y - The Generation of the Global Development
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.

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