Montag, 22.12.2025
Fines in criminal law – calculation and significance
from
Christian Hecken, LL.M., LL.M.Lawyer
Specialist in criminal law
Specialist in administrative law
Give me a call: 0228 - 972 798 203
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A fine is the most common penalty imposed under German criminal law. Around 80% of all convictions result in a fine. The aim is to hit offenders financially while also having an educational effect. The calculation is based on two factors: the number of daily rates and the daily rate amount. These two values are multiplied together to give the total amount of the fine.
The number of daily rates reflects the severity of the offense. The more serious the offense, the higher the number of daily rates. The daily rate amount, on the other hand, is based on the economic circumstances of the offender. This involves determining how much the person concerned earns on average per day after tax. This sum forms the daily rate, with the law setting limits of a minimum of €1 and a maximum of €30,000 per daily rate.
Overall, a fine can range from 5 to 360 daily rates. Mathematically, this results in a maximum penalty of €10.8 million, which would be achievable in very good economic circumstances. In practice, however, the actual amount remains significantly lower. The investigating authorities can estimate the economic circumstances if the accused does not provide any information.
The so-called 90-daily-rate limit is of particular importance. A fine of up to and including 90 daily rates is not considered a previous conviction. Only from 91 daily rates onwards is the conviction entered in the criminal record, which can have significant consequences for one's career and reputation.
The conclusion: A fine is a flexible instrument of criminal law that takes into account both the offense and the financial capacity of the offender. Due to the complex basis for calculation, legal advice is strongly recommended if you have any questions about the amount or consequences of a fine.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.