IMPOSITION AND ENFORCEMENT OF FINE IN THE MACEDONIAN SENTENCING SYSTEM
Journal
Iustinianus Primus Law Review
Date Issued
2014
Author(s)
Gruevska Drakulevski, Aleksandra
Abstract
The paper analyzes the imposition and enforcement of fine in the Macedonian sentencing
system. The paper defines the fine and gives a brief overview of the advantages and
disadvantages of fine, then, the conditions for imposition and enforcement of fine according to
our legislation. In a separate chapter, are presented data of the imposition and enforcement of
fine to individuals as a main sentence, fine as additional sentence and suspended sentence of
fine. Also, imposition and enforcement of fine regarding the type of criminal offence and the
court of first instance that imposed the fine is subject of analysis. The paper does not analyze the
data of imposed and enforced fines to legal entities since there are no official statistical data
regarding this issue. The author concludes that despite all the criticism, fine is more effective
than other sanctions especially imprisonment since imprisonment has a negative effect on future
recidivism of an offender. Fine provides the principle of individualization of sanctioning, next, it
is more economical, also, has a minimal effect on the offenders` family. In practice fine is among
those sentences that are most often imposed. In total sanctions applied in our country, fine
represents more than 20% with some exceptions over the years that do not significantly alter this
ratio, and in total sentences imposed fine accounts for more than 40%. Also, since in most cases
fine is substituted with imprisonment which contradicts the main purpose of fine – avoiding
negative effects of short-term imprisonment, courts and judges for execution of sanctions, should
make greater efforts, better organization to execute imposed fine sentences.
system. The paper defines the fine and gives a brief overview of the advantages and
disadvantages of fine, then, the conditions for imposition and enforcement of fine according to
our legislation. In a separate chapter, are presented data of the imposition and enforcement of
fine to individuals as a main sentence, fine as additional sentence and suspended sentence of
fine. Also, imposition and enforcement of fine regarding the type of criminal offence and the
court of first instance that imposed the fine is subject of analysis. The paper does not analyze the
data of imposed and enforced fines to legal entities since there are no official statistical data
regarding this issue. The author concludes that despite all the criticism, fine is more effective
than other sanctions especially imprisonment since imprisonment has a negative effect on future
recidivism of an offender. Fine provides the principle of individualization of sanctioning, next, it
is more economical, also, has a minimal effect on the offenders` family. In practice fine is among
those sentences that are most often imposed. In total sanctions applied in our country, fine
represents more than 20% with some exceptions over the years that do not significantly alter this
ratio, and in total sentences imposed fine accounts for more than 40%. Also, since in most cases
fine is substituted with imprisonment which contradicts the main purpose of fine – avoiding
negative effects of short-term imprisonment, courts and judges for execution of sanctions, should
make greater efforts, better organization to execute imposed fine sentences.
Subjects
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