Day fines under section 19 StGB: number of day fines, daily amount, substitute imprisonment and payment relief under section 409a StPO.
Mag. Christopher Angerer, Rechtsanwalt
Your lawyer for criminal defence
Criminal proceedings are a matter of trust. One lawyer who walks with you from the first consultation through to the trial, everything from one hand.
A fine in Austrian criminal law is not merely a fixed sum. Section 19 of the Criminal Code uses day fines: the court first determines the number of day fines and then the amount of one day fine according to the person’s economic situation.
This distinction matters for accused persons. The total amount is the result, not the starting point. A proper legal review looks at income, dependants, substitute imprisonment, payment relief and whether diversion or another outcome is still available.
This assessment separates sentence level, economic capacity and payment after judgment.
Already know that you want to send an inquiry? Go directly to the form.
Choose the situation closest to your case.
Section 19 StGB requires fines to be imposed as day fines. The number reflects culpability and the penalty range; the daily amount reflects personal and economic circumstances at the first-instance judgment.
If immediate payment would be unreasonably harsh, section 409a StPO allows deferral or instalments on application. Evidence and a realistic payment plan are essential.
Under section 19 paragraph 3 StGB, one day of substitute imprisonment corresponds to two day fines. Payment options should be reviewed before enforcement escalates.
Where proceedings are pending, evidence, qualification, diversion, restitution and sentencing must be assessed together. The potential fine is only one element of the strategy.
Section 19 paragraph 1 StGB states that a fine is to be assessed in day fines and must amount to at least two day fines. The number of day fines is the sentencing component. It depends on the offence, culpability, the applicable penalty range and sentencing factors.
Section 19 paragraph 2 StGB concerns the amount of one day fine. It is based on the person’s personal circumstances and economic capacity at the time of the first-instance judgment. The statutory range is from at least 4 euros to at most 5,000 euros per day fine.
From a lawyer perspective, this two-step structure is the first point to check. A mistake in the number of day fines is different from a mistake in the daily amount. Income changes, dependants and fixed obligations must be evidenced.
If a fine is uncollectable, substitute imprisonment must be set. Section 19 paragraph 3 StGB provides that one day of substitute imprisonment corresponds to two day fines. This shows why payment questions should not be left until the end.
Non-payment does not mean that every financial difficulty is irrelevant. It is important to react to official letters, explain the economic situation with documents and check whether payment relief can be requested in time.
For people with irregular income, dependants or ongoing restitution payments, enforcement must be assessed as part of the criminal-law strategy. Often the best solution depends on a realistic payment plan, deferral or another outcome.
Section 409a StPO provides payment relief where immediate payment of a fine or an amount under section 20 StGB would be unreasonably harsh. On application, the presiding judge may grant appropriate deferral.
For instalments, section 409a StPO sets maximum periods according to the number of day fines: up to one year for payment of the full fine at once or for instalments of a fine not exceeding 180 day fines, up to two years for more than 180 but not more than 360 day fines, and up to three years for more than 360 day fines. Other monetary amounts may allow up to five years.
The application is decisive. Payment relief is not automatic. If at least two instalments are missed, outstanding instalments may become due immediately. A request should therefore be realistic and supported by documents.
Before judgment, a fine is not just a calculation. The relevant issues are suspicion, evidence, legal qualification, diversion, restitution and whether a conviction is likely at all.
Early file access is often decisive. Only once the evidence and legal qualification are known can the risk of a fine and the arguments for a milder outcome be assessed seriously.
If a penalty order, indictment request or judgment has already arrived, deadlines matter. Appeal and objection periods run regardless of whether the amount appears affordable.
Do not check only the total amount: Number of day fines, daily amount, substitute imprisonment and payment terms are separate issues. Each may offer a separate legal approach.
A fine is assessed in day fines. The number of day fines reflects sentencing; the amount of one day fine reflects personal and economic circumstances.
Under section 19 paragraph 2 StGB, one day fine is at least 4 euros and at most 5,000 euros.
Substitute imprisonment may be set if the fine cannot be collected. Before enforcement escalates, payment relief under section 409a StPO should be checked.
Yes, section 409a StPO allows deferral or instalments under conditions. The application should be made in time and supported by documents.
In criminal matters every hour counts. Call us directly or send an email, callback within one business day, earlier in urgent cases.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 660 2407152