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How to determine fining behaviour in court? Game theoretical and empirical analysis

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Author Info
Rousseau Sandra () (K.U.Leuven-Center for Economic Studies)
Billiet Carole () (Center for environmental law - University of Ghent)

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Abstract

We build a structural model to understand the fine set in court, which is described as the outcome of a two-stage game between defendant, public prosecutor and judge. The equilibrium fine depends on the harm caused, the costs to society and the probalility that the quilty party is punished. This fine influences the severity of prosecution and the defence expenditures. Next we empirically analyse the fines pronounced by the Court of Appeal in Ghent (Belgium) for water related criminal offences. We investigate whether the seriousness of the violation and past convictions, as well as some other characteristics, increase the penalty.

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File URL: http://www.econ.kuleuven.ac.be/ew/academic/energmil/downloads/ete-wp-2005-10.pdf
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Publisher Info
Paper provided by Katholieke Universiteit Leuven, Centrum voor Economische Studiën, Energy, Transport and Environment in its series Energy, Transport and Environment Working Papers Series with number ete0510.

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Length: 39 pages
Date of creation: Dec 2005
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Handle: RePEc:ete:etewps:ete0510

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Web page: http://www.econ.kuleuven.be/ew/academic/energmil
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Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. Cohen, Mark A, 1987. "Optimal Enforcement Strategy to Prevent Oil Spills: An Application of a Principal-Agent Model with Moral Hazard," Journal of Law & Economics, University of Chicago Press, vol. 30(1), pages 23-51, April.
  2. Helland, Eric, 2001. "Prosecutorial Discretion at the EPA: Some Evidence on Litigation Strategy," Journal of Regulatory Economics, Springer, vol. 19(3), pages 271-94, July. [Downloadable!] (restricted)
  3. Steven Shavell, 2004. "The Appeals Process and Adjudicator Incentives," NBER Working Papers 10754, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  4. Deily, Mary E. & Gray, Wayne B., 1991. "Enforcement of pollution regulations in a declining industry," Journal of Environmental Economics and Management, Elsevier, vol. 21(3), pages 260-274, November. [Downloadable!] (restricted)
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