Published online by Cambridge University Press: 11 June 2021
A comprehensive criminal law reform brought in Germany first an upgrade of (summary) fines to the principal criminal penalty in Germany (1969) and then the introduction of a day fine system (1975). The reform resulted in a mandatory sentencing rule which gives fines priority over prison sentences below 6 months. The reform was successfully implemented, also because fines can be imposed conveniently in summary proceedings and, imposing short prison sentences carries a heavy burden of reasoning. After 1969 the share of fines significantly increased and sidelined suspended and immediate prison sentences. Sentencing patterns remain stable and the outstanding role of fines as an alternative to imprisonment places Germany in a unique position in Europe. Introduction of the day fine system aimed at compensating for the unequal treatment of rich and poor offenders. The wide range of the daily unit, allows in principle for adjusting fines to different net income levels. However, the day fine system displays serious problems in face of offenders living in precarious financial conditions. As fines are backed up by default imprisonment and alternatives to day fines are not available at the sentencing decision, a significant share of day fines ultimately results in (short) imprisonment.
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