Background on the Day-Fine System in Finland
Finland is widely acknowledged as the innovator of the modern day-fine system and first established the system in 1921. Day-fines are imposed as a criminal sanction and guidelines are provided in chapter 2 of the Penal Code of Finland. More than half of crimes in Finland are punished by fines: "In 2006, fifty-seven percent of all penalties imposed by the courts were fines. Conditional imprisonment made up twenty-four percent, twelve percent of sentences were for unconditional imprisonment, and five percent resulted in community service" (Houseman, 2010, p. 215). Widespread support for day-fine contributes to the success of the system and decreases in Finland's incarceration rates (Houseman, 2010).
How it works
An offender is sentenced to a specific number of day fines, between 1 and 120 days, which is multiplied by the the amount of the day-fine. The amount of the day-fine is, as described by the Finnish Prosecution Service, "the sixtieth part of the suspect’s average net monthly income. This amount is subject to certain deductions, such as the fixed deduction for basic consumption, which is currently 255 euros." This calculation is based on monthly income and includes all taxable income. The courts can review tax records to determine the defendant's income, but usually does not. Additionally, if an offender's income changes by 20-25%, the court can take that into consider and recalculate the amount of the day-fine.
What if the offender does not pay their fine?
A common argument against the day-fine system is that people may not be able to or willing to pay the fines that are imposed on them. In Finland, the issue of offenders not being able to pay or choosing not to pay their fines is dealt with by converting the day-fine to imprisonment. This solution is also applied to partially paid day-fines and "the portion unpaid may be converted to a term of imprisonment. Two unpaid day fines correspond to imprisonment for one day" (Zedlewski, 2010).
References
Houseman, L. (2010). Reducing reliance on incarceration in Texas: Does Finland hold answers? Texas International Law Journal, 46(1), 209.
Zedlewski, E. W. (2010). Alternatives to custodial supervision: The Day-Fine. National Institute of Justice, NCJ 230401.
The Finnish Prosecution Service. (2016). Retrieved from: https://oikeus.fi/syyttaja/en/index/asioiminensyyttajankanssa/summaryfineprocedure.html
Finland is widely acknowledged as the innovator of the modern day-fine system and first established the system in 1921. Day-fines are imposed as a criminal sanction and guidelines are provided in chapter 2 of the Penal Code of Finland. More than half of crimes in Finland are punished by fines: "In 2006, fifty-seven percent of all penalties imposed by the courts were fines. Conditional imprisonment made up twenty-four percent, twelve percent of sentences were for unconditional imprisonment, and five percent resulted in community service" (Houseman, 2010, p. 215). Widespread support for day-fine contributes to the success of the system and decreases in Finland's incarceration rates (Houseman, 2010).
How it works
An offender is sentenced to a specific number of day fines, between 1 and 120 days, which is multiplied by the the amount of the day-fine. The amount of the day-fine is, as described by the Finnish Prosecution Service, "the sixtieth part of the suspect’s average net monthly income. This amount is subject to certain deductions, such as the fixed deduction for basic consumption, which is currently 255 euros." This calculation is based on monthly income and includes all taxable income. The courts can review tax records to determine the defendant's income, but usually does not. Additionally, if an offender's income changes by 20-25%, the court can take that into consider and recalculate the amount of the day-fine.
What if the offender does not pay their fine?
A common argument against the day-fine system is that people may not be able to or willing to pay the fines that are imposed on them. In Finland, the issue of offenders not being able to pay or choosing not to pay their fines is dealt with by converting the day-fine to imprisonment. This solution is also applied to partially paid day-fines and "the portion unpaid may be converted to a term of imprisonment. Two unpaid day fines correspond to imprisonment for one day" (Zedlewski, 2010).
References
Houseman, L. (2010). Reducing reliance on incarceration in Texas: Does Finland hold answers? Texas International Law Journal, 46(1), 209.
Zedlewski, E. W. (2010). Alternatives to custodial supervision: The Day-Fine. National Institute of Justice, NCJ 230401.
The Finnish Prosecution Service. (2016). Retrieved from: https://oikeus.fi/syyttaja/en/index/asioiminensyyttajankanssa/summaryfineprocedure.html