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  What’s Really Wrong with Fining Crimes? On the Hard Treatment of Criminal Monetary Fines

Coca-Vila, I. (2021). What’s Really Wrong with Fining Crimes? On the Hard Treatment of Criminal Monetary Fines. Criminal Law and Philosophy. doi:10.1007/s11572-021-09623-3.

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Coca-Vila2021_Article_WhatSReallyWrongWithFiningCrim.pdf (Any fulltext), 708KB
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This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder.
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Coca-Vila, Ivó1, Author              
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1Criminal Law, Max Planck Institute for the Study of Crime, Security and Law, Max Planck Society, ou_2489694              

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 Abstract: Among the advocates of expressive theories of punishment, there is a strong consensus that monetary fines cannot convey the message of censure that is required to punish serious crimes or crimes against the person (e.g., rape). Money is considered an inappropriate symbol to express condemnation. In this article, I argue that this sentiment is correct, although not for the reasons suggested by advocates of expressivism. The monetary day-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 perfectly suitable to convey censure. However, the practical impossibility of ensuring that the person who pays the fine is the same person who has been convicted of the offense seriously undermines the acceptability of the monetary fine as an instrument of censure. Minimizing the risk of the fine’s hard treatment being transferred to third parties is a necessary condition for the monetary fine to be considered a viable alternative to lengthy prison sentences.

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Language(s): eng - English
 Dates: 2021-11-25
 Publication Status: Published online
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 Identifiers: DOI: 10.1007/s11572-021-09623-3
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Title: Criminal Law and Philosophy
Source Genre: Journal
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