IMPOSITION AND ENFORCEMENT OF FINE IN THE MACEDONIAN SENTENCING SYSTEM

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.