ABSTRACT

This chapter describes that the Enlightenment doctrine of proportion gave the fine added impetus as the specific upper—class punishment. The moral defense of the fine system was accompanied by economic arguments. Certain difficulties still stood in the way of a full rationalization of the penal system through the introduction of fines. The chapter examines that carefully drawn legislation and administrative practice may reduce the injustices inherent in the operation of the fine system as it affects the lower classes, but this cannot solve the fundamental problem. The installment principle has been introduced in recent years in order to avoid crowding the prisons with people who cannot pay their fines. The installment system became equally common in Germany after the laws of October 20, 1923, and February 6, 1924, which allowed a general substitution of fines for sentences of imprisonment under three months. The chapter addresses an inverse proportion between imprisonment for non-payment of fines and the number of fines levied.