Fine (Austria)
The fine is in Austria a penalty, either by a criminal court for a crime or an administrative authority because of an administrative offense may be imposed.
Fine for criminal offenses
In Austria, the fine is calculated according to daily rates.
Calculating the fine
The fine results on the one hand from the amount of the individual daily rate and on the other hand from the number of daily rates imposed.
The amount of the individual daily rate is based on the social circumstances (income, maintenance, etc.) of the perpetrator and varies between € 4 and € 5,000. The basis is the economic and personal circumstances of the perpetrator ( Section 19 StGB ).
The court decides on the number of daily rates imposed as part of the actual sentence. At least two daily rates are to be imposed. The maximum number is determined by the relevant paragraph (e.g. theft : 360 daily rates).
As with imprisonment, part of the fine, up to a maximum of half, can be conditionally checked ( Section 43a (1) StGB ).
Amortization of the fine
The fine is primarily to be paid off. If a convicted person is unable to pay the fine in one amount, he can be granted installment payments upon request. The amount of the respective installments should be such that the punitive character of the sanction is not lost. There is no uniform standard with regard to the maximum duration of the installment payment. If the convicted person's financial circumstances deteriorate significantly, the court can subsequently lower the daily rate ( Section 31a of the Criminal Code ).
If a convicted person is unable to make payments due to his economic circumstances, he can also be given repayment through charitable work on request. This option was introduced in 2008 with the "Relief Package". A daily rate corresponds to 4 hours of work.
Replacement custodial sentence
If the fine cannot be imposed, the substitute imprisonment takes its place . One day of imprisonment corresponds to two daily rates.
Fine in administrative criminal law
In the event of a violation of administrative regulations, an administrative penalty can be recognized. This often consists of a fine, but does not have the effect of a penalty in actual criminal law, but rather corresponds to the German fine . Such a fine is at least 7 euros ( Section 13 of the Administrative Penal Act ). The maximum penalty can be found in the individual law that was violated.
Replacement custodial sentence
If the administrative penalty cannot be enforced, it will be converted into a substitute custodial sentence. This must not exceed 6 weeks ( Section 16 of the Administrative Penal Act).
