Journal of Criminal Law Research

Considerations About Daily Fines and Earning of the Offender

Document Type : Research Paper

Authors

Fereydoun Hosseini Nejad Braguri 1
Mohammad Reza Nazarinejad 2
Mojtaba Janipour 3

1 PhD Student in Criminal Law and Criminology, Lahijan Branch, Islamic Azad University, Lahijan, Iran

2 Assistant Professor of Law, University of Guilan, Rasht, Iran

3 Associate Professor, Department of Law, University of Guilan, Rasht, Iran

https://doi.org/10.22054/jclr.2023.66121.2447
Abstract
The daily fine is one of the new alternatives to imprisonment stipulated in the Islamic Penal Code 92, the amount of which is determined by the court according to the severity and importance of the crime on the one hand and the amount of daily income of the offender on the other. Anticipating daily fines and considering the convicted person's financial situation is a new step towards individualizing punishments. Although this system has been criticized, it is one of the positive aspects of today's criminal policy. However, the more effective and practical implementation of this system depends to a large extent on the actual income of the convicts. For this alternative to work well, the courts must have the right way to measure the income of convicts. On the other hand, due to the increase in the workload of the courts due to the review of the financial situation of the convicts, along with the consideration of the criminal case and the delay of the trial, most judges are not interested in it. Therefore, in order to properly use the capacity of this alternative and make it more efficient, it is necessary for the legislator to provide the judge with a specific mechanism for identifying the income of convicts and to determine the duties of executive bodies that have any knowledge of income and rights of convicts. The need to be obliged to cooperate. However, the research findings indicate that this alternative is applicable first to people who have the minimum income and financial ability to pay a fine. Therefore, for the disabled and without a specific income, another suitable alternative must be determined. Second, if the amount of the fine is determined in proportion to the income of individuals, due to the unfavorable economic situation, most of the convicts can be successful.

Keywords

daily fines
daily income
individualization of punishment
offender
earnings considerations
Subjects
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Journal of Criminal Law Research
Volume 11, Issue 41
Winter 2023
Pages 71-97

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