PUNISHMENT OF FINE TRAPPED IN THE ILLUSION OF DETERRENCE
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Abstract
This article analyzes the amendments to the norms of the Criminal Code of the Republic of Lithuania that has raised the minimum and maximum amounts of the fines to be imposed, assessing these changes according to the criteria of proportionality, purpose of punishment and practical applicability. The article also examines the possible negative consequences of these changes.
In the last twelve years the criminal legislature has repeatedly raised the amount of the fines to be imposed. According to the author, these decisions, based on the illusory view of the effectiveness of severe pecuniary sanctions, are apparently contrary to the principles of proportionality and reasonableness, and have the negative side-effect of reducing the applicability of the fine. In the absence of proper individualization as well as comprehension that inadequate fines are not recoverable, it is predictable that the case law will prioritize other punishments including imprisonment.
In order to give the fine a greater perspective in case law, the author proposes to exempt this punishment from the general rule contained in the Criminal Code which requires that the size of punishment is calculated from an average of minimum and maximum sizes.
In the last twelve years the criminal legislature has repeatedly raised the amount of the fines to be imposed. According to the author, these decisions, based on the illusory view of the effectiveness of severe pecuniary sanctions, are apparently contrary to the principles of proportionality and reasonableness, and have the negative side-effect of reducing the applicability of the fine. In the absence of proper individualization as well as comprehension that inadequate fines are not recoverable, it is predictable that the case law will prioritize other punishments including imprisonment.
In order to give the fine a greater perspective in case law, the author proposes to exempt this punishment from the general rule contained in the Criminal Code which requires that the size of punishment is calculated from an average of minimum and maximum sizes.
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Please see Copyright and Licence Agreement for further details.
