Kernrechtsfrage
Whether an inmate may be expected to pay a fine from the freely disposable part of his peculium under Art. 49(3) StGB.
Extrahierter Entscheid
Yes. If the available amount is comparatively greater than the fine, payment can reasonably be demanded from the freely disposable peculium.
Extrahierte Begründung
The peculium serves not only as remuneration but also educational and reintegration purposes. Since part of it is paid out in cash and freely available during detention, the inmate is not generally unable without fault to pay a lawfully imposed fine from that amount; voluntary payment also reduces later liabilities.