Questão jurídica principal
What is the relevant point in time for determining the daily rate under Art. 34(2) StGB?
Decisão extraída
The decisive time is the time of the judgment of the instance that can still consider new facts.
Fundamentação extraída
Art. 34(2) StGB refers to the defendant's personal and economic circumstances at the time of judgment; on appeal, the appellate judgment is decisive if it may still consider updated facts.