Je vztah mezi peněžitou sankcí a majetkem pachatele výrazem (ne)rovnosti?
Does Pecuniary Punishment Relative to the Wealth of the Offender promote (in)equality?
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Criminology
Published by: Česká kriminologická společnost
Keywords: punishment; equality; wealth; pecuniary punishment; fine;
Summary/Abstract: This article examines from several positions the question of whether the amount of pecuniary punishment (in the field of criminal or administrative law) should be related to the wealth of the offender. It discusses, whether such a differentiation is discriminatory or not, analyses the jurisprudence of the Czech Constitutional Court and focuses on the application of the theory in practise. Law and Economics, as well as several other influential theories are examined, being followed by critical description of situation in Czech criminal and administrative law and jurisprudence. The attitude of supreme courts, is rather hesitant and they seem to hold back. Their reasons are unclear, one of them might be that there are not many possible ways for administration to discover the real wealth of the offender.
- Issue Year: 1/2016
- Issue No: 1
- Page Range: 1-13
- Page Count: 13
- Language: Czech