Anyone who fails to pay a fine must serve a substitute custodial sentence. Previously, one day of imprisonment was imposed for each daily rate. This will now change.
According to Section 43 (1) of the German Criminal Code (StGB), a custodial sentence replaces an uncollectible fine. This means that if the convicted person does not pay the fine imposed on them, a custodial sentence can be executed against them.
Pursuant to Section 43 (2) of the German Criminal Code, one daily rate corresponds to one day of imprisonment.
Under the previous legal situation, a substitute custodial sentence was therefore enforced on a 1:1 ratio. For each daily rate, the convicted person had to serve one day in custody. For example, if they were sentenced to a fine of 60 daily rates, they had to spend 60 days in custody.
This legal regulation has been highly controversial for years. According to the principle of culpability enshrined in constitutional law, the punishment must not exceed the degree of guilt.
The reason for this is that a custodial sentence represents a significantly stronger sanction compared to a fine. Furthermore, substitute custodial sentences are often enforced solely due to poor economic circumstances. Convicted persons who are financially unable to pay the fine are thus significantly disadvantaged.
At the end of June this year, the Bundestag – after extensive debates – decided to amend the criminal sanctions law and, in the process, to halve the conversion ratio of fines to substitute custodial sentences. If a defendant was sentenced to a fine of 60 daily rates, they will now only have to spend 30 days in substitute custody.
Furthermore, convicted persons are to be supported in avoiding a substitute custodial sentence. Affected individuals must in future be explicitly informed of the possibility that they may perform community service as an alternative to imprisonment. Within the framework of enforcement law amendments, social work measures are also to be increased, through which, for example, the possibility of an installment payment agreement with the convicted persons can be pursued.
The amendment was scheduled to come into force on October 1, 2023.
Due to previously necessary adjustments in the IT sector, the halving of substitute custodial sentences was postponed by four months. Implementation of the required modifications in the states’ computer systems, particularly the sentence calculation modules in the specialized “web.sta” application, will only be possible by February 1, 2024.