Daily rate
In determining an amount of money that is daily rate (in Austria is also the designation daily rate used), the day scheduled calculation unit. The term is used in different areas.
Costs, fees
Fees and cost rates for services that are not remunerated at a flat rate , but based on the time spent, are usually calculated according to hourly or daily rates. The daily rate is the unit price of a person day . The hourly rate is usually one eighth of the daily rate.
Daily rates for business trips
In the case of business trips , employees are reimbursed for the additional expenses in the form of flat-rate daily rates. The amount of the daily rates is based on the average costs in the respective country of travel and partly - especially in the public sector - also on the job of the person concerned.
Daily rates in assistance to the homeless
Aid to the homeless is paid out by some cities, municipalities or authorities as daily financial support in the form of daily rates.
Daily rates in criminal law
In German, Austrian, Liechtenstein and Swiss criminal law, fines are calculated and imposed according to daily rates.
The aim is to punish people with different incomes with the same harsh proportions. For this purpose - at least in theory - the monthly or annual income and any necessary expenses are determined and the average income per day is calculated. In Germany, the net income is stated in accordance with Section 40 of the Criminal Code . The number and amount of the daily rates are then specified in the judgment. Installment payments can be granted if necessary, which is usually done in Germany on request. If the claim is uncollectible even by the bailiff , a substitute custodial sentence will be imposed. If the person concerned could not or did not want to pay before, but decides to pay the proportionate remainder during this substitute custodial sentence, he or she will be released early after payment has been received by the responsible body.
A fine cannot formally be served voluntarily as a substitute custodial sentence, but a person affected can practically enforce this by not paying. For the state treasury this is clearly the worse option if one considers the detention costs of approx. € 4,000 per month and prisoner and payable contributions of € 430.55 per month and (non-working) prisoner (in a single cell including appropriate food) for Lower Saxony 2018), it costs the general public around € 3,600 per month and prisoner, which corresponds to around € 120 per day.
Daily rates in different countries
- In Austria the daily rate is regulated in § 19 StGB . A fine is at least 2 daily rates. These are to be set at between EUR 4 and EUR 5,000. The assessment is made at the time of the judgment of the first instance, but can be recalculated in accordance with Section 31a of the Criminal Code if the financial situation changes through no fault of your own . In the event of uncollectibility, a day's imprisonment will be charged for two daily rates.
- In Liechtenstein, the provisions of Section 19 of the Criminal Code are identical. Only the amount is set at a minimum of CHF 10 and a maximum of CHF 1,000.
- In Germany the daily rate for fines is regulated in § 40 StGB . A minimum of 5 and, unless otherwise stated in the law, a maximum of 360 daily rates are to be imposed. The amount is between 1 euro and 30,000 euros. In § 43 StGB spare imprisonment is fixed, wherein a daily rate equivalent to one day imprisonment. The daily rates are usually set at 1 in 30 (1/30 or 3.33%) of the net monthly income .
- In Switzerland, the assessment is regulated in Art. 34 StGB . Unless otherwise stipulated in the law, the minimum is 3 daily rates (until 2017 a daily rate) and the maximum is 180 (until 2017 360) daily rates. The amount has been at least 30 francs since 2018; in exceptional cases, if the personal and economic circumstances of the perpetrator so dictate, it can be reduced to 10 francs (until 2017 there was no legal minimum, a minimum of 10 francs was derived from a highest court judgment ). The daily rate is a maximum of 3,000 francs. According to Art. 36 StGB, a daily rate corresponds to one day's imprisonment. At the request of the convicted person, the fine can be converted into charitable work (Art. 79a).
Web links
Individual evidence
- ^ Federal Chancellery - P: SR 311.0 Swiss Criminal Code of December 21, 1937. Accessed January 6, 2018 .
- ↑ Minimum daily rate. Change in the practice of fines disguised as a “specification” , Neue Zürcher Zeitung, July 16, 2009
- ^ Federal Chancellery - P: SR 311.0 Swiss Criminal Code of December 21, 1937. Accessed January 6, 2018 .
