A fine or mulct is money to be decided by a court of law or other authority as a punishment for a crime or other offense. The amount of fines can be determined on a case by case basis, but is often announced beforehand.
The most common use of the term is for financial penalties for criminal offenses, particularly minor crimes, or as settlement of claims. Synonyms, commonly used in civil law actions, are mulct .
One common example of a fine is money paid for traffic law violations. Currently in common UK law, relatively small fines are used either in place or in addition to public service orders for low-level criminal offenses. Larger fines are also given independently or in addition to a shorter prison sentence when judges or judges consider a large amount of retribution necessary, but there is no possibility of significant harm to the public. For example, fraud is often punishable by very large fines because fraudsters are usually banned from abused positions or professions to commit their crimes.
Fines can also be used as a form of tax. Money for bail is applicable to fines.
The day-penalty is a penalty which, above the minimum, is based on personal income.
Some small fines, such as for wandering, are fines ranging from about $ 25 to $ 100. In some areas of the United States (eg California, New York, Texas, and Washington DC), fines for petty crimes, such as crime (shouted at public places, project objects on police cars) ranging from $ 2500 to $ 5000.
Video Fine (penalty)
Penalties by country
England and Wales
In the Magistrates Court Act of 1980, unless the context otherwise requires, the expression "is fine", except for any enforceable purpose which imposes limits on the amount of any fine, including penalty of money or theft or compensation of money to be paid under belief.
In section 32 of the Act, the phrase "just fine" includes money penalties, but does not include money coins or money compensation.
In sections 15 to 32 and 48 of the 1977 Criminal Code, the term "fine" includes money penalties.
In the UK, there is now a system in which courts give the actors a 'soft card' rather like a credit card; in every store that has a payment machine, he pays a fine to the store, which then uses a fine card to send the money to a court bank account.
The related concepts are the notification of a permanent penalty, the penalty of money for some lightweight crimes that are acceptable either (not prosecution, thereby saving time and documents, or taken to court for normal proceedings for the crime) while technically not a fine, which, under the Bill of Rights 1689, may be levied only after conviction, it serves the same purpose of punishment.
Examples of early fines include weregild money or blood money paid under Anglo-Saxon common law for causing death. The killer will be expected to pay a sum of money or goods depending on the victim's social status.
See also British criminal law # General rule to impose fines on charges.
Netherlands
Criminal law
General information
The Dutch Criminal Code (Dutch: Wetboek van Strafrecht (WvSr)) does not contain a certain amount for a fine for any violation of law. From that the KUHP provides six good categories. Each of the Penal Code penalties contains a good category. The categories are:
This amount is only the upper limit, it is up to the judge or prosecutor to determine the exact amount of the fine. However, the fine amount should be at least EUR3. The number of categories is always 1, 10, 20, 50, 200 and 2000 times the number of first category. In addition to fines, the convict must also pay an administrative fee of EUR9. The amount is set by the government, by imperial order.
When a judge punishes a person for a fine, the judge must also impose a surrogate prison sentence. This replacement prison will be executed in the case that the fine remains unpaid. The judge can count a one-day prison for every unpaid EUR25, but usually the judge calculates a day for every EUR50 that remains unpaid. In fact, the replacement jail must be at least one day (although the fine is EUR3) and can not exceed one year (although the fine is EUR100,000).
Court executions are subject to a fine
Once an irrevocable person is punished by a fine, it is up to the prosecutor to collect a fine. To do so, cjib (centraal justiteel incassobureau (English: central judicial collection agency)) was established.
First, CJIB will send the convicted fines. If the prisoner paid a fine the case was closed (by paying, the convict lost the right to appeal too), if he did not do so, the case will continue. CJIB will send inmates as a reminder, although this reminder will contain an increase of EUR15. If this does not lead to a fine payment, CJIB will send another reminder, now with a 20% increase, however, the increase should be at least EUR30. When the fine is still unpaid, CJIB will instruct a bailiff to collect fines. These court officers may, for example, confiscate the convicted person and sell his property. If these steps do not result in a complete fine collection, the bailiff will return the case to the prosecutor. The prosecutor will order the police to arrest the convicted person, to execute the previous written surrogacy prison. The duration of imprisonment will be reduced by a percentage if the convicted person has paid the amount, but not the total amount of the fine. After the surrogate prisoner, the convicted person will become a free man again. He also does not have to pay any more fines and his case will be closed.
Frequent traffic violations
General information
Prior to 1 September 1990, all traffic violations were punishable by criminal law. The suspects were first offered some sort of defense bargain. It mostly contains fines. If the suspect does not pay a fine from this defense bargain, the public prosecutor should open a criminal case, otherwise he is not authorized to collect fines through force. The case should be withdrawn when the capacity of the court or the prosecutor's office does not allow the commencement of a criminal case for a traffic violation. This happens very often. This situation causes a negative spiral, because the traffic violators hope and hope their case will be withdrawn, and do not pay a defense fine. This led to increased pressure on the capacity of the court, which led to more sepots (the decision not to adjudicate). This encourages more offenders to not pay, etc.
To stop this spiral, the secretary general of the justice department (at the time), Dr. Albert Mulder, devised a new system of law enforcement. Under this new system, the government obtained the right of summary foreclosure. The summary seizure means that CJIB may execute penalties directly, unless the subject is fined into the appeal.
The system of frequent traffic violations is governed by the Traffic Enforcement Administration Act (Netherlands: Wet administratiefrechtelijke handhaving verkeersvoorschriften (WAHV)) . According to WAHV the maximum amount of administrative fine is equal to the maximum number of the first category (Article 2 section 3 of the Criminal Code WvSr). The exact destruction is determined by the WAHV attachment. In addition to fines, a fined subject must also pay EUR9 administrative fees as well. The amount of administrative costs will also be determined by the minister.
Process administration fine
Once the subject is fined by an officer or photographed by speed cameras, he will receive a decision within four months. This decision shall contain a brief description of the offense, where and when the offense was committed and the amount of the fine. The subject will have two choices now. He can pay the fine, or he can appeal. Unlike a court imposed a fine, when the subject has paid the fine, he will retain the right to appeal. Subjects may file an appeal within six weeks. In the first instance, the subject appeals to the prosecutor. The prosecutor will withdraw the fine entirely when he thinks the applicant has the right. He will lower the amount of the fine if he thinks the suspect is partly true. If the prosecutor considers the suspect untrue, he will uphold the fine. As long as the prosecutor has not made a decision on the appeal, the suspect does not have to pay a fine.
After the prosecutor decides, the suspect will again have two options. He may pay or he appeal to his sub-district district judge (or arrondissement where the disputed offense is committed). But now, the suspect has to pay a fine as collateral. If the suspect does not pay the guarantor, the judge will declare him unacceptable (thus a fine will be enforced). The judge will have the same choice as the prosecutor. He can withdraw fines, lower fines, or uphold fines.
If the (remaining) fine is higher than EUR70 and the suspect or prosecutor does not agree with the sub-district judge's verdict, the suspect or prosecutor may appeal for the last time. He did that in the appellate court of Arnhem-Leeuwarden in Leeuwarden. This request will be made in writing, unless the applicant, per se, wishes to do so verbally. If the fine is lower than EUR70, or appeal is denied in Leeuwarden, there will be no legal restoration and the case will be closed. The applicant will turn into a fine.
Collection of administrative fines
Maps Fine (penalty)
See also
- Amercement
- Asset seizures - where the proceeds of crime and goods used in crime are confiscated
- Civil penalties
- Damage
- Day-fine
- Nice library
- Embedded charges
- Penalty Unit
- The default scale
References
Source of the article : Wikipedia
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