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Abstract:
The risk of the monetary-fine´s hard treatment being transferred to third parties
seems to make it an unsuitable punishment for serious crimes. In this article, I
argue that the monetary-fine should not be understood as a simple deprivation of
money, but as a punishment that reduces the offender's capacity to consume for a
certain period of time. Conceived in this manner, I argue that it is the offender who
should bear the hard treatment of the monetary-fine. In contrast to the general
practice in the legal scholarship and jurisprudence, I also examine the existing
legal means available to ensure the fine’s enforcement. In particular, I argue that
the transfer of the hard treatment of the fine to a third party may be an offense,
more specifically obstruction of punishment (art. 468 CP). The defense of the
afflictive-personal nature of the monetary-fine penalty undertaken here is a
necessary condition to move towards custodial sentences being progressively
abandoned.
