Towards Equalisation of the Impact of the Penal Fine: Why the Wealth of the Offender Was Taken into Account

Abstract

Important changes in the legal regulation of the fine culminated in the implementation of the day-fine system in many European countries during the twentieth century. These changes resulted from various late nineteenth century rationalities that considered the fine a justifiable punishment. Therefore, they supported extending its application by making it affordable for people on low incomes, which meant imprisonment for fine default could mostly be avoided without undermining the end of punishment. In this paper I investigate the historical development of the penal fine as well as the changing forms of this penalty in Western European criminal systems from the end of the eighteenth century until the late nineteenth century.