BGH tips daily set height: New negotiation for accused!

BGH tips daily set height: New negotiation for accused!

A surprising judgment of the Federal Court of Justice (BGH) causes a stir: On April 24, 2025, the court overturned parts of a former judgment of the Cologne Regional Court, which had sentenced a defendant for attempted coercion to 90 euros of 80 euros. The special thing about it? The BGH objected to the reason for the amount of the daily rate, which was considered inadequate. You can find out more about this at Anwalt.de .

The accused, who has already been criminal recorded several times and has occasional crack consumption, was released on April 16, 2024. In his procedure, he stated that he wanted to achieve an income of around 2,500 euros per month through occasional work in welding technology. The Cologne Regional Court believed this information and determined the daily rate accordingly. But the BGH found that there was no concrete evidence of the amount of income and referred the matter to the Cologne District Court for the new negotiation

The importance of the daily rate

The determination of the daily rate in Germany takes place taking into account the individual financial Situation of the perpetrator and is based on § 40 of the Criminal Code (StGB). Minimum criteria state that a fine can include at least 5 and a maximum of 360 daily rates that can be between 1 euro and 30,000 euros. It is interesting that the number of daily rates does not depend on the perpetrator's income, but on his guilt. In the event of fines of 90 daily rates, the person concerned is considered a criminal record - here in a explosive case was taken to the extreme, which concerns the questions of punishment and justice. To do this, specialist lawyer.de comprehensive information.

According to the BGH judgment, the question is now raised how long-term the accused's income situation really is. The unclear nature of his activity - whether independently or dependent - was an important factor for the concerns of the BGH. In such a legal gray area, the findings on the daily rate are decisive because they require clear, understandable clues in order to be able to realistically assess future income. A certain reprint is also on the actual possibilities of the accused not to correctly classify his temporary income situation.

appeal and the consequences

As part of the revision, the accused was only focused on the amount of the daily rate. This precise focus on the BGH caused the original decision. This shows an example of how important a well -founded legal representation is in criminal proceedings. At nwb.de is highlighted the complexity of such cases in which the judgment finding the life of the accused.