DE NOUVELLES ANOMALIES DE CONDAMNATION OU BIEN QUELQUES IDEES CONCERNANT LE JOUR-AMENDE
RECENT ANOMALIES IN THE IMPOSITION OF PENALTIES- REFLECTIONS ON FINES
Author(s): Ágnes Pápai-TarrSubject(s): Criminal Law, Comparative Law
Published by: Ovidius University Press
Keywords: conviction; fine; individuality; the material gravity of the offense; the financial situation of the offender; the scandinavian fine model;
Summary/Abstract: Even though inflicting fines is the most frequently imposed sanction in Hungarian judiciary practice, Hungarian legal literature tend to neglect the issue of fines. Since the last comprehensive reform of fines in 1978 (Act 4), fines have been inflicted in two steps, following the Scandinavian model. Theoretically, the two-step fining system is the most capable of imposing an individualised sanction. In spite of the well-based practice of inflicting fines, there has been obvious malpractices and judiciary errors recently. The aim of this study is to map the theoretical and practical problems concerning the fine as a sanction, and also to present the overall tendencies in sanctioning practice if fines. I would like to offer a recent report on fining, in order to make up for the debts of legal literature.
Journal: Revista Română de Studii Eurasiatice
- Issue Year: 17/2021
- Issue No: 1+2
- Page Range: 191-212
- Page Count: 22
- Language: French