Questione giuridica chiave
Whether the theft sentence had to be a pecuniary penalty rather than imprisonment
Decisione estratta
The lower court violated federal law by choosing imprisonment instead of a pecuniary penalty; the defendant's financial hardship was not a valid criterion for selecting the type of sanction.
Motivazione estratta
For small and medium criminality, the pecuniary penalty is ordinarily the primary sanction. When several sanctions are equally appropriate, the less intrusive one must be chosen. The offender's economic situation, including insolvency or worsening finances, is not relevant to the choice between imprisonment and a fine; it may only be considered when fixing the daily rate or payment facilities.