What exactly is a day's fine?

What exactly is a day's fine?

"I was convicted of driving a motor vehicle without a driving licence. My learner's licence had expired a month ago. I was given a suspended sentence of 20 days' fine for 2 years and a fine of CHF 200 - Could you explain to me what days' fines are and whether this will affect my criminal record?"

The Swiss Penal Code provides for various types of penalty and measures, including the monetary penalty based on day fines. Under this system, the authorities first determine the offender's guilt and translate it into a certain number of day fines. The amount of the day fine varies from person to person, as it is based on the offender's financial capacity. Under the old system, which provided for a fixed fine irrespective of the offender's financial capacity, a rich person was not punished in the same way as a person of limited means.

Today, for the same amount of guilt, a wealthy person and a destitute person will be sentenced to the same number of days but for different amounts. To do this, the authorities determine the average net daily income, taking into account income, assets and expenses, including social security contributions, family maintenance, rent, tax, etc.

The authority will ask the accused for information about his financial situation and, if he refuses, will apply to the federal, cantonal and municipal authorities to obtain it. The day fine may not exceed CHF 3,000 and, like all other penalties, may be suspended. Without a suspended sentence, day fines correspond to a firm financial penalty which, in the event of non-payment, is converted into a custodial sentence or community service. One day's fine corresponds to one day's custodial sentence.

As far as your criminal record is concerned, the answer is yes. The offences against you constitute a misdemeanour and the related judgments are recorded in the criminal record for ten years. However, a distinction must be made between the content of the record and the extract from the criminal record intended for private individuals. In fact, judgments are mentioned for less time in extracts intended for private individuals than they remain in the criminal record. A judgment handing down a sentence no longer appears in the extract intended for private individuals after a period corresponding to two thirds of the legal time limit for the complete removal of the entry has elapsed and, in the case of a suspended or partially suspended sentence, the entries are no longer visible once the offender has successfully completed probation.