Fine
Fine
The fine according to Section 19 of the Criminal Code is the most frequently imposed penalty in Austria. Its purpose is to financially impact offenders without depriving them of personal liberty, as is the case with custodial sentences. A particular feature is that the amount is calculated in daily rates and aligned with the offender’s financial capacity.
The fine is to be calculated in daily rates and amounts to at least two daily rates. A daily rate is at least 4 Euros and at most 5,000 Euros. This ensures that the penalty remains noticeable and proportionate for all income brackets.
Calculation
The specific amount of the fine results from two factors:
- Number of daily rates – this depends on the severity of the offense.
- Value of the daily rate – this is based on income, assets, and maintenance obligations at the time of the first instance judgment.
Thus, the fine affects the economically strong as significantly as individuals with low incomes.
Specifics of the Fine
The fine is flexibly adaptable. Courts consider not only income but also maintenance obligations, assets, and debts. This is intended to ensure that the penalty is fair and affects every offender in a comparable manner.
In certain cases, the fine can be paid in installments or deferred. Furthermore, high fines can lead to an entry in the criminal register, which may affect professional opportunities.
Substitute Custodial Sentence
If the fine is uncollectible, the court orders a substitute custodial sentence. One day of substitute custodial sentence corresponds to two daily rates.
Example: 120 daily rates mean 60 days of substitute custodial sentence if uncollectible.
Confiscation
In addition to the fine, the court may also order confiscation. This refers to the seizure of assets originating from a criminal offense or used for its commission. It is not a penalty in the strict sense, but a measure to skim off unlawful gains. Further details can be found on our page regarding confiscation.
Practical Example
Two individuals commit the same offense. Person A earns 1,200 Euros net per month, Person B 6,000 Euros. Both receive 90 daily rates. For Person A, the daily rate is 20 Euros, so the fine amounts to 1,800 Euros. For Person B, the daily rate is 100 Euros, thus the fine is 9,000 Euros. This is intended to prevent the penalty from being barely noticeable for one and life-threatening for the other.
Practical Implications
The fine is the central sanction in Austrian criminal law. It can be substantial but is adjusted to financial capacity. To avoid hardship, installment payments or deferment may be considered in appropriate cases. Possible entries in the criminal register and their consequences must be observed.
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A criminal proceeding is a significant burden for those affected. Serious consequences threaten right from the start – from coercive measures such as house searches or arrests, to entries in the criminal register, to custodial or monetary penalties. Errors in the initial phase, such as thoughtless statements or insufficient preservation of evidence, often cannot be corrected later. Economic risks such as claims for damages or procedural costs can also be substantial.
Specialized criminal defense ensures that your rights are protected from the outset. It provides security in dealing with the police and public prosecutor’s office, protects against self-incrimination, and creates the basis for a clear defense strategy.
Our law firm:
- examines whether and to what extent the accusation is legally sustainable,
- accompanies you through investigation proceedings and main hearing,
- ensures legally sound applications, statements, and procedural steps,
- assists in defending against or settling civil law claims,
- protects your rights and interests vis-à-vis the court, public prosecutor’s office, and victims.
Peter HarlanderHarlander & Partner Rechtsanwälte „Machen Sie keine inhaltlichen Aussagen ohne vorherige Rücksprache mit Ihrer Verteidigung. Sie haben jederzeit das Recht zu schweigen und eine Anwältin oder einen Anwalt beizuziehen. Dieses Recht gilt bereits bei der ersten polizeilichen Kontaktaufnahme. Erst nach Akteneinsicht lässt sich klären, ob und welche Einlassung sinnvoll ist.“
