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You are here: FRIAS Fellows Fellows 2020/21 Prof. Dr. Patricia Faraldo Cabana

Prof. Dr. Patricia Faraldo Cabana

Universität Coruña
Criminal Law
External Senior Fellow
May 2021 - July 2021

CV

I am professor of criminal law at the University of A Coruña, Spain, and adjunct professor at the Queensland University of Technology, Australia. My research focus is mainly on the field of economic crimes (money laundering, insider trading, bankruptcy, corporate and environmental crimes). I have also worked on other subjects such as command responsibility, terrorism and organized crime, gender violence, non-custodial punishments, misdemeanours, property crimes or sex crimes. My recent works demonstrate a noticeable internationalization of results through well-known, peer-reviewed journals of the highest scientific level. This development has been boomed by the Marie-Curie Intra-European fellowship obtained in 2012 and the EURIAS fellowship obtained in 2015. Since 2017, I am the joint editor of the Routledge Critical Studies in Crime, Diversity and Criminal Justice, with three books already published and two in preparation.

Regarding my scientific publications, at the age of 51 I have published ten books, one of them in English, edited eleven collective books, written 65 articles in peer-reviewed publications, the majority of them in the top publication venues in the field, and 138 book chapters on issues concerning criminal law and criminal police. In my field, these are the major means for scientific communication.

Publications (Selection)

  • Faraldo Cabana, P. (2020) On the political economy of fines. Revisiting Rusche and Kirchheimer’s Punishment and Social Structure. European Journal of the History of Economic Thought (ISSN 0967-2567; e-ISSN 1469-5936), 27(5), online first. DOI: 10.1080/09672567.2020.1739104.
  • Faraldo Cabana, P. (2019) One step forward, two steps back? Social rehabilitation of foreign offenders under Framework Decisions 2008/909/JHA and 2008/947/JHA. New Journal of European Criminal Law (e-ISSN 2399-293X; ISSN 2032-2844), 10(2), 151-167. DOI: 10.1177/2032284419859657.
  • Faraldo Cabana, P. and Lamela Viera, C. (2019) How international are the top international journals of criminology and criminal justice? European Journal on Criminal Policy and Research (ISSN 0928-1371, e-ISSN 1572-9869), online first. DOI: 10.1007/s10610-019-09426-2.
  • Faraldo Cabana, P. (2018) Research Excellence and Anglophone Dominance: The Case of Criminal Law and Criminology. In K. Carrington et al. (Eds.). Palgrave Handbook of Criminology and the Global South (pp. 163-181). Palgrave MacMillan. ISBN 978-3-319-65020-3. DOI 10.1007/978-3-319-65021-0_9.
  • Faraldo Cabana, P. (2018) Money and the Governance of Punishment. A Genealogy of the Penal Fine. Abingdon (NY): Routledge. ISBN 978-1-138-68623-6.

FRIAS-Project

Fines and the rehabilitative ideal.

The idea of offenders’ social rehabilitation is intimately connected to the birth and rise of the prison system. Can it be applied to the penal fine while maintaining its essence? In this project, after considering the origins and meaning of the concept of social rehabilitation, I explore how the theoretical justification and practical application of the penal fine depend largely on whether the penalty of imprisonment, and especially short-term imprisonment, is seen as an eligible, positive option capable of rehabilitating offenders or not. I show that, during the 19th century, expectations placed on imprisonment, in terms of the possibility that offenders could be reformed by hygienic, strictly regulated prison regimes, undermined the use of fines, considered as lacking reformative effects, while in the 20th century, the comparison between the decidedly detrimental effects of short-term imprisonment and the simple lack of reformative value of the fine led to a more positive view of the latter, on the grounds that, while not exactly re-socializing, the monetary penalty involves less stigmatization than imprisonment. Going one step further, I suggest here that a fine accurately calculated according to the offender’s wealth and wages and paid in instalments can be conceptualized as a ‘mechanic of training’ in the manner suggested by the post-Foucauldian literature: not upon the bodies and souls of individuals, but in terms of imposing an obligation of austere and prudent behavior. I argue that, by reducing the individual capacity of consumption, the fine constitutes itself as the perfect disciplinarian mechanism of our time.