PENALTIES BY FINE AS AN ALTERNATIVE SANCTION TO IMPRISONMENT IN THE REGULATIONS OF ROMANIAN LEGISLATION

Mariana-Narcisa Radu

Abstract


Consisting of the amount of money that the convict is obliged to pay to State, the fine knows a different approach in the regulation of the new Criminal Code, in line with the United Nations Standard Minimum Rules for Non-custodial Measures and the recommendations of the Council of Europe. We note, among other things, that the Court sets its amount by a day-fine system, it can accompany imprisonment, it can be executed by providing of unpaid community service. Also, the non-execution, in bad faith, of the punishment of the fine leads to its replacement with an appropriate number of days of imprisonment. When determining the amount of a fine, account shall be taken, in the case of the individual, of the material situation of the convicted person, of his legal obligations towards his dependents. Other provisions concerning the fine include the prescription of criminal liability and punishment, as well as rehabilitation.


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