The process of individualisation of punishment in insolvency crimes

International audienceIn the context of considerations concerning justice in the punishment of criminal offenders it is necessary to focus on the issue of individualisation of the sentence. Through this process the court determines the offender's particular kind of punishment and sentence. The punishment should subsequently be an expression of society's idea of the state's fair reaction to the offence committed. The authors have focused on the process of individualisation of punishment in the case of sentencing offenders in insolvency crime. The theory of rational choice and ideals of restorative justice are of crucial importance in the authors' thinking. In reflection of the object of the criminal activity and the element of reciprocity (presuming rationality of the perpetrator) we come down to the suitability of the more common imposition of pecuniary penalty on these perpetrators. The text analyses both the advantages and disadvantages of pecuniary penalty, not just in relation to insolvency offenders