Questão jurídica principal
Whether the conversion of the unpaid fine into imprisonment under Art. 49 no. 3 StGB was lawful
Decisão extraída
The conditions for conversion were met because the appellant did not prove that he was without fault unable to pay the fine.
Fundamentação extraída
The appellant ignored repeated opportunities to propose payment and failed to address the issue in appeal; the lower court could also rely on his income and expenses to conclude that payment in instalments was possible.