Questione giuridica chiave
Whether the defendant’s substantial assets may be considered when setting the daily rate under Art. 34(2) StGB despite low income.
Decisione estratta
Yes. Where income is very low but assets are substantial and significantly increase the defendant’s ability to pay, the court may take the assets into account when fixing the daily rate.
Motivazione estratta
The daily rate normally reflects net income, but a large fortune can serve as a corrective if it would otherwise understate economic capacity. The penalty should reduce living standard and consumption, not confiscate wealth. The amount of asset inclusion lies within sentencing discretion.