Abstract:
Fine is one of the monetary penalties that imposed upon a person who has been convicted of a crime or an offence. It is the oldest, frequently used and grown criminal sanction in its usage in the world. Nowadays, in the area of petty and minor crimes, fine has totally replaced the sentence of imprisonment in some countries. In Ethiopia, fine is one of the oldest penalties and the principal criminal sanction. Fines are available as independent penalty for petty crimes, as an alternative to simple imprisonment, and in conjunction to imprisonment for ordinary crimes under the FDRE Criminal Code.
The main problems for the applicability of fine related to limited punitive content, unequal impact on the rich and the poor, and deficiency of execution. To solve the problems of sentencing various Countries have adopted income based fining system. Likewise, Ethiopia has adopted an income based fining system under the Criminal Codes. The FDRE Criminal Code required courts to consider the financial situation of the offender to impose equivalent burden of punishment on offenders who committed similar crimes, regardless of their wealth. However its normative frame works suffer from insufficiency and different ambiguities to impose appropriate fine sentence. As a result, the use of fines as criminal sanctions in the Region suffered from disproportionality, inequities and unfairness.
In addition to sentencing efficient and effective execution of the sentence are critical to the overall success of a fine system. However, practice reveals that in the Region fines are poorly collected and enforced. The lack of attention by the legal practitioners to the execution of a fine sentence, the presence of limited available collection and enforcement methods and techniques, and the absence of responsible authority to manage the execution can be considered as the root causes of inefficient and ineffective execution of a fine sentence.
Thus, in this research, the researcher has tried to consider the normative and practical issues surrounding fine sentencing and execution to recommend policymakers and legislators to restructure the system and to provide guidelines for criminal justice practitioners in order to enhance the relevance of fines use.
Key words: Fine, systems of fine, collections, compliance, coercive enforcement, administrative structure, collection unit.