In addition to a prison sentence, a monetary penalty may also be imposed – alternatively or cumulatively. The total fine is calculated by multiplying the number of daily sentences imposed by the amount of the imposed daily rate. The number of daily sentences is determined by the wrongdoing and the culpability, with a minimum of two daily sentences.
The calculation of the daily rate takes into account the defendant’s income and economic capacity. The assessment follows the so-called “forfeiture system”. This is designed to reduce the defendant’s income to such an extent that only the minimum subsistence level is left for the specified period, thus noticeably lowering the standard of living. The basis for this is the monthly net income. If this does not correspond to the actual economic capacity, the potential income is to be used – this applies, for example, to unemployed persons who do not accept job offers. Income also includes rental income.
The monthly net income is then divided by 30, taking into account the 13th and 14th salary, and existing statutory maintenance obligations are deducted from this result. The resulting amount corresponds to a daily rate. It should be noted, however, that the daily rate must be set at a minimum of 4 euros and a maximum of 5,000 euros.
The total amount of money is to be paid all at once and becomes due when the judgment becomes final.
