Publication at Faculty of Law |
2019
Abstract
This Article deals with the relationship between the property of an offender and a fine in the administrative penal law. It builds on the binary division of regulatory and penal fine by O'Malley.
The Author describes several ways how property of an offender can be considered when fixing a fine and suggests which approaches are best for various purposes. Different approaches might be taken in different circumstances, especially if the sentencing range is too narrow.
The Author concludes with the discussion of a new formula-based sanctioning regime of insolvency trustees prepared by the Ministry of Justice that might be an inspiration to other state institutions.