Kernrechtsfrage
Whether the appellate court correctly applied Art. 34 and Art. 42(4) StGB when it reduced the daily rate instead of the number of daily rates.
Extrahierter Entscheid
No. The number of daily rates must be fixed according to culpability, while the daily rate amount is determined by personal and economic circumstances; if a combination sentence is used, the court must reduce the number of daily rates, not the daily rate amount.
Extrahierte Begründung
Art. 34 StGB requires two distinct steps. The appellate court accepted that 6 daily rates were appropriate and that a combination with a fine was justified, but it unlawfully lowered the daily rate amount to offset the fine. This breaches the separation between culpability-based quantity and means-based daily-rate amount.