Examining the penalty of fine from the perspective of economic jurisprudence

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Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Background & Objective

Pecuniary punishments are among the punishments that have received more and more attention as a type of alternative punishment due to the inefficiency and costliness of imprisonment. In the present study, an attempt has been made to examine pecuniary punishment from the perspective of economic jurisprudence.

Materials & Methods

The present paper is analytical-descriptive and library method is used.

Ethical considerations: 

In this paper, the originality of the texts, honesty and trustworthiness have been observed.

Findings

The findings show that the pecuniary punishment has important economic dimensions from the perspective of economic analysis of law. Not only does the pecuniary punishment remove the cost of imprisonment and detention for the government, but it can also be a source of income for it. On the other hand, it has the aspect of deterrence and intimidation, and therefore, by preventing the recurrence of the crime, it does not bear the cost of prosecution, trial and investigation on the judiciary.

Conclusion

Considering such important economic dimensions, as a result of the discussion, it can be said that in the form of a broad interpretation of discretionary punishment from a jurisprudential point of view, it was possible to extend the pecuniary punishment, especially for financially motivated crimes, and the legislature needs to use pecuniary punishments more and more.

Language:
Persian
Published:
Economic Jurisprudence Studies, Volume:4 Issue: 3, 2022
Pages:
117 to 129
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