Kernrechtsfrage
Which authority is competent to convert a fine imposed by penal order into detention?
Extrahierter Entscheid
The investigating magistrate is competent to decide the conversion request.
Extrahierte Begründung
The conversion order is a supplementary decision to the fine judgment and serves only to make the existing penalty enforceable in another form. Since it is not a new punishment, it should be handled by the same judicial authority that issued the fine, even when the fine was imposed by penal order. The investigating magistrate need only calculate the substitute detention and assess whether the debtor was faultlessly unable to pay.