The fine and the extinction of punishment
Keywords:
Penalty of fine, Extinction of punishment, Penal executionAbstract
After the conviction has been res judicata, the nature of the fine imposed for criminal offenses is controversial in the courts. The recognition of civil nature allows the extinction of punishment regardless of its payment, as the Supreme Court consolidated in a repetitive appeal. In late 2018, the Supreme Court reviewed the issue and, starting from the maintenance of the criminal nature even after the final conviction, defined the competence of the Public Prosecutor to execute the fine. Without the extinction of punishment, hundreds of thousands of poor graduates will not be able to finish their sentence, with several stigmatizing consequences.
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FEUERBACH, Paul Anselm. Tratado de derecho penal. Tradução de Eugenio Raul Zaffaroni e Irma Hagemeier. Buenos Aires: Hammurabi, 1989.
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