Use of the methods of the theory of utility when imposing a punishment in the form of a fine

The article deals with the theory of utility and its use when imposing a punishment in the form of a fine. When imposing a punishment in the form of a fine the state pursues the aim to lower the welfare of citizens guilty of crimes. When imposing a punishment in the form of a fine it is necessary to define the welfare of a person to date, i.e. at the time of sentencing. It is necessary to pay tribute to Russian legislators who have not put aside this important point. According to Part 3, Article 46 of the Criminal Code of the Russian Federation, the court determines the size of a fine taking into account the gravity of a committed crime, a property status of the convict and his family, and the possibility of receiving salary or other income by the convict. While we discuss the punishment in the form of a fine, the situation under consideration is applicable only for crimes punishable by fine under the Criminal Code of the Russian Federation. After the welfare of a guilty is established, it is necessary to determine the size of a fine within the framework of the Criminal Code of the Russian Federation, which prescribes punishment in the form of a fine for a concrete crime. No article of the Special part of the Criminal Code of the Russian Federation provides for an absolutely certain size of a fine. Further, criminal law does not make any recommendations concerning either the choice of calculating a fine in court or the choice of the optimum amount of punishment in the form of a fine within the range set by the article of the Criminal Code of the Russian Federation. What criteria should the court follow when determining the amount of punishment in the form of a fine in the range set by the article of the Criminal Code of the Russian Federation? Since the criminal is a direct participant of market relations and the penalty represents a monetary sanction directed at decreasing the welfare of the citizens guilty of crime, it is necessary to use methods of the theory of utility when imposing punishment in the form of a fine under the Criminal Code of the Russian Federation. When using the methods of the theory of utility for achievement of the objectives of punishment in the form of a fine, it is necessary to determine such size of a penalty, which is essentially capable to shift the line of the budgetary restriction of the convict. In such a way, the criminal himself will be able to feel the "effect" of punishment. If the size of a penalty makes the size, which does not influence the economic behavior of the convict, the "effect" of such a punishment is cancelled. All above-stated recommendations concerning the punishment in the form of a fine lose meaning if punishment actually is not enforced. Therefore, it is necessary to provide the corresponding conditions allowing the increase of enforcement of this type of punishment.

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