The financial goal of the fine

Abstract

Abstract: The fine is one of the most important types of financial penalties that can be part of public revenues, meaning that the fine can be a source of revenues, but some jurists believe that it is difficult to rely on it as a source of public revenues; Therefore, because its outcome is linked to the existence of the violation or its absence, the more it achieves its deterrent goals, the fewer violations it produces, and consequently its revenues decrease, and vice versa, as the revenues generated from it increase the more it fails to achieve the deterrent goal, and therefore it is difficult to know the amount of its revenues because it is linked to the existence or absence of violating the legal rule, and there are several fines, including administrative fines and criminal fines. In principle, the fine is a monetary amount imposed on any person who violates the legal rule, but the goal of this obligation differs in jurisprudence, as there is a side of jurisprudence that sees the fine as a punishment whose goal is to deter violators of the legal rule, and in addition to that we find another opinion that considers the fine a punishment whose goal is to deter violators of the legal rule, but in addition to that it achieves financial revenues that support the state’s public treasury. The first side believes that the fine is a purely criminal penalty whose sole purpose is to deter violators of the legal rule and prevent them from committing violations again, because the financial penalty in general is not accustomed to the violator of the legal rule no matter how many times it is imposed on him. The fine does not aim to achieve financial gains for the legal institution, but rather is a type of pressure operation on violators and outlaws. In addition to the first opinion, we find another opinion that considers the fine a penalty whose purpose is to deter violators of the legal rule, but in addition to that, it achieves financial revenues that support the state treasury. In addition to the jurisprudence’s recognition of the financial purpose of the fine, the legislator also recognized the financial purpose of the fine in some texts by explicitly stating the revenues of the fine, despite the lack of explicit text in the texts of the State Financial Administration Law and the General Budget Laws.