Daily Fine Rate Calculation and Minimum Benchmark

The court addressed a dispute over the daily fine rate (Tagessatz) for a convicted person, where the lower court set it at CHF 5 despite the prosecution requesting at least CHF 10 based on recent federal jurisprudence. The appellate court reasoned that while the daily rate is primarily based on the accused's income, including in-kind benefits is necessary to determine actual economic capacity, especially when income is low or derived substantially from support. Factoring in half the rent paid by the spouse and estimated living expenses, the accused's calculated net monthly income was very low, leading to a daily net income of approximately CHF 9.50 after necessary deductions for a child. Consequently, the court determined the daily rate must be set at the minimum federal benchmark of CHF 10 to avoid being perceived as merely symbolic, concluding that for individuals in reasonably stable circumstances, a concrete calculation considering living expenses rarely yields a rate below this threshold.