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Day-Fines: Should the Rich Pay More?

Kantorowicz-Reznichenko Elena ()
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Kantorowicz-Reznichenko Elena: Rotterdam Institute of Law and Economics (RILE), Erasmus School of Law, Erasmus University Rotterdam, Rotterdam, The Netherlands

Review of Law & Economics, 2015, vol. 11, issue 3, 481-501

Abstract: Fines are an efficient method of sanctioning since the burden on the taxpayer for enforcing it is low and the offender is transferring wealth to society. However, using law-and-economics analysis, this paper suggests that the day-fine is a superior model to other forms of fines. This pecuniary measure takes into account the income of the offender and the severity of the offense. Consequently, criminals with different socioeconomic status committing the same crime would pay the same portion of their wealth but not the same absolute amount of money. Using this structure, the day-fine has a potential to deter equally both the rich and the poor and to avoid the costly sanction of imprisonment.

Keywords: day-fines; sanctions; criminal law; deterrence; law and economics (search for similar items in EconPapers)
JEL-codes: K14 K42 (search for similar items in EconPapers)
Date: 2015
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DOI: 10.1515/rle-2014-0045

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