Comparative Law and Economics Perspective on Day Fines

Elena Kantorowicz-Reznichenko, M.G. Faure

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

This chapter, based on the reviewed countries’ experiences, provides a comparative analysis of the day fines system in Europe. It seems that making the sentencing system more equal, and reducing short-term imprisonment, are common goals for countries to adopt day fines. Some countries can be rendered as a success in terms of the extent of implementing day fines and the ability to meet the desired goals. Nevertheless, as the experience of many other countries shows, there can be major challenges for day fines to be properly implemented. The main two challenges identified in this chapter are the complexity of calculating the fine, exacerbated by the frequent lack of guidelines, and a negative perception, derived mainly from lack of understanding of the system (by the public) and lack of support from the sentencers. In this chapter, we provide policy recommendations how to address these two specific challenges, as well as more general recommendations to expand the use of day fines. Given the multiple advantages day fines offer, it seems worth investing in its proper implementation. These recommendations may assist jurisdictions who already implement day fines, well as those interested in introducing this model into their criminal justice system
Original languageEnglish
Title of host publicationDay Fines in Europe. Assessing Income-based Sanctions in Criminal Justice Systems
EditorsElena Kantorowicz-Reznichenko, Michael G. Faure
Place of PublicationCambridge
PublisherCambridge University Press
Pages366-388
ISBN (Electronic)9781108855020
ISBN (Print)9781108796439, 9781108490832
DOIs
Publication statusPublished - Jul 2021

Keywords

  • Day fines
  • comparative analysis
  • financial information
  • calculation of the daily unit
  • perception
  • theory
  • practice

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