Question juridique clé
Whether the fine could be converted into arrest under Art. 49 CP despite alleged inability to pay
Solution extraite
The conversion was upheld because the appellant did not prove that, without fault, he was unable to pay the fine or to redeem it by work.
Motifs extraits
For exclusion of conversion, the convicted person must prove both non-fault inability to pay and non-fault inability to redeem by work; the court found no abuse in concluding that work redemption remained possible.