Question juridique clé
Whether monthly housing rent may be deducted when calculating the amount of a day-fine under Art. 34 CP.
Solution extraite
As a rule, housing costs are not deductible when determining the amount of the day-fine; they do not justify lowering the day-fine solely because the offender must also pay rent.
Motifs extraits
The court reaffirmed that the day-fine is based on net income, but ordinary housing expenses are generally not to be taken into account. Economic hardship may influence the amount only within the statutory framework; inability to pay rent is not a criterion for choosing imprisonment instead of a pecuniary penalty. Payment facilities under Art. 35 CP may address liquidity problems.