GENERAL PART

CHAPTER THREE
SANCTIONS

FIRST TITLE
PENALTIES

—Fine—

Section 40
Day fine units

(1) A fine shall be imposed in daily units. The minimum fine shall consist of five and, unless the law provides otherwise, the maximum shall consist of three hundred and sixty full daily units.

(2) The court shall determine the amount of the daily unit taking into consideration the personal and financial circumstances of the offender. In doing so, it shall typically base its calculation on the actual average one-day net income of the offender or the average income he could achieve in one day. A daily unit shall not be set at less than one and not at more than thirty thousand euros.

(3) The income of the offender, his assets and other relevant assessment factors may be estimated when setting the amount of a daily unit.

(4) The number and amount of the daily units shall be indicated in the decision.

Section 41
Fines in addition to imprisonment

If the offender through the commission of the offence enriched or tried to enrich himself, a fine which otherwise would not have been provided for or only in the alternative may be imposed in addition to imprisonment if this appears appropriate taking into consideration the personal and financial circumstances of the offender. This does not apply if the court imposes an order pursuant to section 43a.

Section 42
Allowing time for payment ; instalments

If a convicted offender, due to his personal or financial circumstances, cannot be expected to pay the full fine immediately, the court shall allow a certain time for payment or allow payment in specified instalments. The court may also order that the privilege of paying the fine in fixed instalments will be revoked if the convicted offender fails to pay an instalment in time. The court shall also allow for such conditions of payment if without them the restitution by the offender of any damage caused by the offence were to be substantially impaired; the court may require the offender to present proof of restitution.