In brief
Two numbers make up a German fine. The number of daily rates reflects how serious the offence is. The amount of each rate depends on income. Both can be challenged separately.
Legal basis
Section 40(1) StGB: at least five and at most 360 daily rates, up to 720 for a combined sentence (Section 54(2) StGB). Each rate is between one and 30,000 euros and is generally based on the net income the offender has, or could have, on an average day (Section 40(2) StGB). Rule of thumb: monthly net income divided by 30. Maintenance obligations are deducted; for people on basic income support the rate is often in single or low double figures.
Where information is missing, the court may estimate (Section 40(3) StGB). It does so on the basis of what it knows: occupation, place of residence, car. Estimates rarely go down.
Worked example
An employee earning 2,400 euros net, married, with one dependent child. Without deductions the rate would be 80 euros. Taking maintenance into account, depending on the court, it tends to land at 50 to 60 euros. At 60 daily rates that is a difference of 1,200 to 1,800 euros, purely from a properly presented account of income.
If the fine cannot be paid
The enforcement authority may allow instalments (Section 42 StGB, Section 459a StPO). If the fine cannot be recovered, a default prison sentence follows. Since 1 February 2024, two daily rates correspond to one day in prison (Section 43 StGB); previously it was one. The federal states also allow the default sentence to be avoided by community work (Article 293 EGStGB). Anyone receiving a summons from the prosecutor to begin serving should react immediately. More on enforcement: enforcement of sentences.
The number of daily rates also determines the certificate of conduct: up to 90, no entry, provided no other sentence is registered.
Related terms
- Certificate of conduct
- Sentencing
- Penalty order
- Objection to a penalty order
- Enforcement of sentences
General explanation, not advice on an individual case. As of November 2026.