Abstract:Although a sizable literature has arisen in the last four decades concerning the optimal punishment of criminal acts, relatively little attention has been directed to the question of whether economic criminals should be punished using fines or prison sentences, except in corporate crime literature. A relevant exception is the law and economics movement of the Chicago School. In this paper I intend to present and discuss some of their results regarding the use of fines in the criminal field. At the same time, the use of fines for businessmen will be discussed, taking into account that since the nineteenth century, the fine was generally considered to be an appropriate punishment to crimes committed out of greed, a fact that has influenced the birth of regulatory law.
Vortrag in englischer Sprache.
Vita:Patricia Faraldo Cabana is full Professor for Criminal Law at the University of A Corunna, Spain, and Adjunct Professor at the Queensland University of Technology in Brisbane, Australia. Currently she is EURIAS Senior Fellow at the Freiburg Institute for Advanced Studies in Germany, after being a Marie Curie fellow in 2013-2014 at the Max Planck Institute for Foreign and International Criminal Law also in Germany.
In all she has published eight monographs and co-edited nine books. She has written more than eighty articles and book chapters on issues concerning criminal law and criminal policy. Her latest publications include:
- ‘A certain sense of fairness? Why fines were made affordable’. European Journal of Criminology 12(5), 2015, 616-631.
- ‘Towards Equalisation of the Impact of the Penal Fine’. International Journal for Crime, Justice and Social Democracy 3(1), 2014, 3-15.
- ‘Freedom, Labor and Money. Fines in post-revolutionary Russia, 1919-1929’. The Journal of Comparative Law 9(1), 2014, 339-352.
- ‘La pena pecuniaria per le persone giuridiche nel diritto penale dell’ambiente spagnolo’. Rivista Giuridica dell’Ambiente 29(2), 2014, 173-192.
She is member of the Editorial Board of peer-reviewed journals, such as Estudios Penales y Criminológicos and Revista de Derecho Penal y Criminología (Spain), Justiça e Sistema Criminal and Intertemas (Brazil), and the International Journal for Crime, Justice and Social Democracy (Australia).
