Universität zu Köln

Boegelein, Nicole, Wilde, Frank and Holmgren, Axel (2022). Fine and Imprisonment for non-payment in Sweden - A comparison with the German system. Monatssc. Kriminol. Strafrechtsreform, 105 (2). S. 102 - 113. BERLIN: WALTER DE GRUYTER GMBH. ISSN 2366-1968

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Abstract

In the discussion on imprisonment for non-payment in Germany, Sweden is often used for comparison, although the exact Swedish procedure of fine enforcement is unknown. This text presents the procedure for imposing and enforcing fines and imprisonment for non-payment in Sweden and draws a comparison with Germany. In Sweden, as in Germany, many fines are imposed by means of penal orders. Nevertheless, there is one important difference; the sentenced person must agree to the penal order. Significant differences can be seen in the daily units, which in Sweden are much lower by law (5 euro-100 euro). Moreover, their calculation is based on the forfeiture principle, not on the net income principle as in Germany. The enforcement of fines in Sweden is not carried out by the public prosecutor's office, but by the Enforcement Authority (Kronofogden). Furthermore, default imprisonment is only enforced if the sentenced person shows an unwillingness to pay - in 2019 there were 13 default imprisonment cases. This is mainly due to the Swedish attitude that the purpose of the fine is not to convert all unpaid fines into custodial sentences, but to let them pass if a person is unable to pay. Kronofogden checks every other year whether the convicted person is able to pay; if this is not the case, after a time-limit of 5 years the fine is dropped. Of all fines that were imposed in 2015, 41.4 % were terminated by the statute of limitations. This shows the high proportion of convicted persons who are unable to pay.

Item Type:	Journal Article
Creators:	Creators Email ORCID ORCID Put Code Boegelein, Nicole UNSPECIFIED UNSPECIFIED UNSPECIFIED Wilde, Frank UNSPECIFIED UNSPECIFIED UNSPECIFIED Holmgren, Axel UNSPECIFIED UNSPECIFIED UNSPECIFIED
URN:	urn:nbn:de:hbz:38-663738
DOI:	10.1515/mks-2021-0137
Journal or Publication Title:	Monatssc. Kriminol. Strafrechtsreform
Volume:	105
Number:	2
Page Range:	S. 102 - 113
Date:	2022
Publisher:	WALTER DE GRUYTER GMBH
Place of Publication:	BERLIN
ISSN:	2366-1968
Language:	German
Faculty:	Unspecified
Divisions:	Unspecified
Subjects:	no entry
Uncontrolled Keywords:	Keywords Language Criminology & Penology Multiple languages
URI:	http://kups.ub.uni-koeln.de/id/eprint/66373