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This does not apply if the court imposes an order pursuant to section 43a.table of contents If a convicted offender, due to his personal or financial circumstances, cannot be expected to pay the full fine immediately, the court shall allow a certain time for payment or allow payment in specified instalments.
In case of a fine the same shall apply to the maximum number of daily units.a minimum term of ten or five years, to two years;a minimum term of one year, to three months;(2) If the court may in its discretion mitigate the sentence pursuant to a law which refers to this provision, it may reduce the sentence to the statutory minimum or impose a fine instead of imprisonment.table of contents A circumstance which alone or together with other circumstances justifies the assumption of a mitigated offence under the provisions of the special part and which is also a special statutory mitigating circumstance for the purposes of section 49, may only be considered once.table of contents(1) If a convicted person had been remanded in custody or otherwise been kept in detention because of an offence which is or was the object of the proceedings, any time spent in such custody or detention shall be credited towards a fixed term of imprisonment or a fine.
In doing so, it shall typically base its calculation on the actual average one-day net income of the offender or the average income he could achieve in one day.
A daily unit shall not be set at less than one and not at more than thirty thousand euros.(4) The number and amount of the daily units shall be indicated in the decision.table of contents If the offender through the commission of the offence enriched or tried to enrich himself, a fine which otherwise would not have been provided for or only in the alternative may be imposed in addition to imprisonment if this appears appropriate taking into consideration the personal and financial circumstances of the offender.
If the offender participated in the offence, his contribution to its discovery under the 1 sentence No. Instead of a reduction in sentence the court may order a discharge if the offence is punishable by a fixed-term sentence of imprisonment only and the offender would not be sentenced to a term exceeding three years.1nature and scope of the disclosed facts and their relevance to the discovery or prevention of the offence, the time of disclosure, the degree of support given to the prosecuting authorities by the offender and the gravity of the offence to which his disclosure relates, as well as(3) A mitigation of sentence or a discharge under subsection (1) above shall be excluded if the offender discloses his knowledge only after the indictment against him has been admitted by the trial court (section 207 of the Code of Criminal Procedure).table of contents(1) The court shall not impose a term of imprisonment of less than six months unless special circumstances exist, either in the offence or the person of the offender, that strictly require the imposition of imprisonment either for the purpose of reform of the offender or for reasons of general deterrence.
Section 48(repealed)table of contents(1) If the law requires or allows for mitigation under this provision, the following shall apply:2.