FOREIGN MODEL OF EXECUTION OF CRIMINAL PUNISHMENT IN THE FORM OF FINE ILLUSTRATED BY COUNTRIES WITH CONTINENTAL SYSTEM OF LAW
Journal: PENAL LAW
Volume 13 № 3
, 2018
Authors:
1.
Ul'yanovskiy gosudarstvennyy pedagogicheskiy universitet imeni I. N. Ul'yanova
Type:
Article
Pages:
from 334
to 338
Status:
Published
Received:
28.09.2018
Accepted:
28.09.2018
Published:
28.09.2018
Subject area:
UDK 343.847(4)
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
fine, fine recovery, France, Germany, Spain, Poland, Italy
Abstract (English):
The article analyzes the foreign models of execution of punishment in the form of a fine on the example of five countries of the continental system of law - France, Germa-ny, Poland, Spain and Italy, the conditions of appointment and execution of punishment by the parameters of measurement units, type of penalty, mechanisms of respite, extension and replacement of punishment. The criminal legislation of the Russian Federation fully adheres to the principle of differentiation of punishment, as it is provided in the French Criminal code. However, the development and use of recovery of a property fine, as in Germany, will greatly facilitate its collection, since convicts often do not have money, but have property. In this case, the property fine should not be combined with the confiscation of property as a measure under criminal law or a model for the sale of property at auction in accordance with the Federal law “On the enforcement proceedings”. The property penalty should be implemented in accordance with all the peculiarities of the Russian legislation and socio-economic factors.
The article analyzes the foreign models of execution of punishment in the form of a fine on the example of five countries of the continental system of law - France, Germa-ny, Poland, Spain and Italy, the conditions of appointment and execution of punishment by the parameters of measurement units, type of penalty, mechanisms of respite, extension and replacement of punishment. The criminal legislation of the Russian Federation fully adheres to the principle of differentiation of punishment, as it is provided in the French Criminal code. However, the development and use of recovery of a property fine, as in Germany, will greatly facilitate its collection, since convicts often do not have money, but have property. In this case, the property fine should not be combined with the confiscation of property as a measure under criminal law or a model for the sale of property at auction in accordance with the Federal law “On the enforcement proceedings”. The property penalty should be implemented in accordance with all the peculiarities of the Russian legislation and socio-economic factors.
Keywords:
fine, fine recovery, France, Germany, Spain, Poland, Italy
fine, fine recovery, France, Germany, Spain, Poland, Italy
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