Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1989, nr 3

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Polityka orzekania i wymiaru kary grzywny w latach 1982 -1987
(Wydział Prawa i Administracji UAM, 1989) Kunicka-Michalska, Barbara
The article is based on statistical data obtained from the Ministry of Justice, concerning valid sentences in adult offenders' cases. Although the analysis is focused on the period of 1982 - 1987, the author included some comparative material dating back to the 1970s. She included the problems of sentencing to and the measure of fine as a basic penalty and as a penalty decreed besi'de the penalty of deprivation of liberty. The author discussed the problems of the frequency of sentencing to fine in comparison with other penalties and separately in comparison with other penal measures (including conditional suspension of penalty), the proportions between the two types of fine, the legal basis of sentencing to fine, the problem of frequency of sentencing to fine in comparison with other measures of patrimonial character and the problem of size of the two types of fine. The author criticizes the policy of sentencing to and the measure of fine. She comes to the conclusion that the penalty of fine in its present form does not meet its functions, for it is excessively severe and is not adjusted to the financial potential of the society. The author postulates to change both the present shape of the penalty of fine as well as the practice of its application.