Imposition of fines instead of imprisonment
Imposition of Fines Instead of Imprisonment
The law allows courts to impose a fine if imprisonment is not absolutely necessary. This is to prevent people from being imprisoned for less serious offenses, even though a significant financial penalty serves the same purpose. A fine is considered an equivalent but milder form of punishment if it adequately compensates for the guilt and has a deterrent effect.
Section 37 of the Criminal Code allows the court to impose a fine instead of imprisonment if this is sufficient to punish the offender and deter them from committing further offenses.
Principle
In Austrian criminal law, imprisonment is the last resort. The court therefore examines whether the purpose of the punishment can also be achieved by a fine. Imprisonment may only be imposed if the fine is not sufficient to improve the offender or deter others.
Significance
Section 37 of the Criminal Code has a dual function: it protects the individual from disproportionately severe interventions and at the same time relieves the burden on the justice system. Short prison sentences are often counterproductive because they destroy social ties, endanger jobs and can encourage relapse. In contrast, the fine enables a fair sanction that has a noticeable economic impact on the offender without uprooting them from their environment. It is seen as a fair and appropriate means, especially in cases where insight and remorse are evident.
Sebastian RiedlmairHarlander & Partner Attorneys „Geldstrafen sind kein Ausdruck von Nachsicht, sondern ein Instrument verantwortungsvoller Strafzumessung, das Schuld und Lebensrealität in ein gerechtes Verhältnis bringt.“
Requirements
A fine can only be imposed if the statutory penalty does not exceed ten years. If the threatened imprisonment is a maximum of five years, the court may, instead of a prison sentence of up to one year, impose a fine of up to 720 daily rates, provided that detention is not necessary to deter the offender from committing further offenses. Stricter requirements apply to offenses with a penalty of between five and ten years: Here, a fine may only be imposed if it is also suitable to effectively deter the general public. This ensures that the purpose of the punishment is not undermined.
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In case law, it can be seen that the courts regularly follow the principle of proportionality. A fine is preferred if the offender has no previous convictions, has confessed to the crime or has provided compensation. Professional stability, family responsibility and social commitment are also seen as positive indicators. The crucial factor is whether the fine is sufficient to deter the offender from committing further offenses and whether it maintains public confidence in the fairness of criminal law.
In practice, fines are measured using the daily rate system. This system ensures that the penalty takes into account both the severity of the crime and the economic capacity of the offender. The higher the income, the higher the daily rate. This means that the fine affects every offender equally, regardless of their financial situation.
Jurisdiction and Limits
The Supreme Court regularly emphasizes that a fine takes precedence over imprisonment as long as it fulfills the purpose of the punishment. However, it must not be imposed if detention is unavoidable for improvement or deterrence. Its application is also excluded if the penalty exceeds ten years or the criminal behavior demonstrates particular dangerousness. In these cases, only imprisonment remains.
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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.“
