One of the two main penalties in German criminal law hits where it hurts: the wallet. The purpose of the fine is to punish the offender for unlawful conduct by depriving them of money and is used for all offenses that do not meet the minimum sanction of a prison sentence.
In Germany, fines are assessed according to the daily rate system, which means that the fine is imposed separately according to the daily rate and the number of days. According to Section 40 (1) sentence 1 StGB, the fine must amount to a minimum of five and a maximum of 360 daily rates. The number of daily rates imposed measures the severity of the offender's guilt. According to Section 40 (2) sentence 3 StGB, the amount of a daily rate is between one and 30,000 euros and is derived from the offender's personal and economic circumstances and thus from the offender's potentially available net income.
If the fine cannot be paid, a substitute custodial sentence is due in accordance with Section 43 StGB. One daily rate corresponds to one day's imprisonment. If a fine of up to 90 daily rates is imposed, no entry is made in the criminal record. This means that there is no previous conviction. In order to avoid the embarrassment of having to serve a substitute custodial sentence, you should also make financial arrangements at an early stage. In the event of payment difficulties, an application for payment in installments can be obtained.
Your lawyer for criminal law will inform you about all issues relating to the fine and will find the best economic solution for you.
