Key legal question
Whether the appellate court fixed the daily rate too high in view of the defendant's financial situation.
Extracted holding
The daily rate of CHF 60 was set in violation of federal law because the court reduced income by only 30% despite the defendant living near or below the subsistence minimum.
Extracted reasoning
For offenders whose income is near the subsistence minimum, the daily rate must be reduced substantially, as a rule by at least half, so that the sanction remains serious but still bearable. The appellate court applied an overly rigid net-income approach and did not sufficiently account for the subsistence minimum.