Fines: How They Are Calculated, How Much They Are, and the Consequences of Nonpayment

12 minutes of reading

Shrnutí: Starting in 2026, a court may impose a fine for any criminal offense, provided it is not evident that the offender will be unable to pay it. The total amount of the fine is calculated by multiplying the number of daily rates by the amount corresponding to one daily rate. The number of daily rates depends primarily on the severity of the crime, while the amount of a single daily rate is influenced by the offender’s income and financial circumstances. In the event of nonpayment, the court may convert the unpaid portion of the fine into a prison sentence. In this article, we explain the current rules.

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A Quick Overview of Fines in 2026

  • A court may impose a fine for any criminal offense, but it must not be apparent in advance that the fine will be uncollectible.
  • The amount of the fine is calculated as the number of daily rates multiplied by the amount of one daily rate.
  • The court imposes a minimum of 20 daily rates. Starting in 2026, the maximum number of daily rates is based on the upper limit of the prison sentence for the specific criminal offense.
  • One daily rate for a natural person ranges from 100 to 50,000 CZK.
  • If the fine remains unpaid, the court may convert the unpaid fine into a prison sentence. One fully unpaid daily rate corresponds to one day of imprisonment.

Are you facing a fine in criminal proceedings, or do you need to document your actual income, obligations, and financial circumstances? A defense attorney can help you bring to the court’s attention the circumstances relevant to the number and amount of daily rates and choose the appropriate course of action even before the court renders its decision.

What Is a Fine?

A fine is an alternative punishment. Together with a prohibition on certain activities, it is arguably the most significant alternative to a short-term prison sentence. For the government, choosing a fine generally represents a cheaper and more effective option.

On the other hand, its disadvantage can sometimes be the lengthy enforcement process, and the fact that the imposition of this penalty is heavily dependent on the convicted person’s financial circumstances can also be considered problematic.

As the name of the penalty suggests, it consists of imposing a monetary fine, specifically in the form of several (tens or hundreds) so-called daily fines. Although it is characterized by its financial nature and is often imposed for property crimes, this is not an absolute rule that cannot be broken.

Who Can Be Imposed with Monetary Penalties?

Monetary penalties can generally be imposed on all categories of offenders. They can be used to punish adult individuals and also serve as the basic form of punishment for legal entities. Under certain conditions, they may also be imposed as a criminal measure for juveniles. In such cases, this form of punishment may seem particularly appropriate; however, it is subject to a fundamental and limiting condition: the juvenile must be employed, or their financial circumstances must allow for the imposition of a fine.

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For which crimes can a fine be imposed?

As of January 1, 2026, a court may impose a fine for any criminal offense. Thus, the restriction that its application was limited solely to property crimes, selected elements of a crime, or misdemeanors no longer applies.

The court should consider imposing a fine particularly when the offender has obtained or attempted to obtain financial gain through an intentional crime. Typical examples include fraud, theft, embezzlement, or tax crimes. However, a fine may also be considered for other criminal offenses.

The court may impose a fine:

  • as a standalone sentence,
  • in addition to another penalty, such as a suspended prison sentence,
  • and, in some cases, in conjunction with a reduced prison sentence.

It may be used as a standalone sentence only if, given the nature of the offense, its severity, and the offender’s circumstances, it is not necessary to impose another sentence. However, the court may not impose it as a standalone penalty, for example, for abuse of a person in one’s care, abuse of a person living in the same household, certain crimes against life and health, sexual offenses against human dignity, and particularly serious crimes.

Tip for article

Tip: We have discussed the distinction between intentional and negligent crimes in more detail in a separate article.

What other financial penalties are there?

A fine is the basic financial penalty that courts may impose for committing the aforementioned categories of crimes. Other financial penalties may include forfeiture of property, forfeiture of an item, or other substitute value.

Tip for article

Tip: We’ve discussed in detail in our article what types of penalties the law distinguishes and for which crimes they are imposed.

When is a fine not imposed?

The court will not impose a fine if it is already clear at the time of the decision that it would be impossible to collect it. This may apply, for example, to a person with no income or assets whose financial situation is not expected to improve in the foreseeable future.

However, a low salary or the existence of debts alone does not automatically mean that the court cannot impose a fine. The court must assess the offender’s overall personal and financial circumstances, including their income, assets, support obligations, and other financial commitments.

At the same time, the law limits the cases in which a fine may be imposed as the sole punishment. For certain serious crimes, it must be supplemented by another type of punishment; in some cases, it cannot be used as a standalone punishment.

How a Fine Is Calculated

A fine is imposed in daily rates. The total amount of the fine is calculated by multiplying the number of daily rates by the amount of one daily rate.

In its decision, the court determines two distinct factors:

  1. The number of daily rates, which corresponds primarily to the nature and severity of the crime.
  2. The amount of one daily rate, which is determined based on the offender’s income, assets, and personal circumstances.

The fine amounts to at least 20 daily rates. As of 2026, the law no longer sets a general cap of 730 daily rates. The maximum number corresponds to the upper limit of the prison sentence for a specific crime, converted into days. If, for example, the upper limit of the sentence is three years, the court may impose a maximum of 1,095 daily rates.

One daily rate for a natural person is at least 100 CZK and at most 50,000 CZK. In doing so, the court generally bases its calculation on the net income that the offender has or could have on average per day. If exact figures cannot be determined, the court may estimate the offender’s income, assets, and income from assets.

What the Court Determines What the court bases its decision on
Number of daily rates The nature and severity of the crime
Amount of a single daily rate The offender’s income, assets, liabilities, and personal circumstances
Total amount of the sentence Number of daily rates × amount of a single rate

Example: How a Fine Is Calculated

Taking into account the seriousness of the crime, the court imposes a fine of 120 daily rates. Based on the offender’s net income, assets, support obligations, and other circumstances, the court sets one daily rate at 800 CZK.

The calculation is as follows:

120 daily rates × 800 Kč = a fine of 96,000 Kč.

The number of daily rates thus primarily reflects the seriousness of the crime, while the amount of a single daily rate is intended to ensure that the penalty is proportionate to the specific offender’s circumstances.

From our experience as attorneys, we know that defendants sometimes underestimate the importance of documenting their financial circumstances. They may inform the court only of their salary but fail to provide evidence of child support obligations, housing costs, health limitations, or other significant financial obligations. In the absence of supporting documentation, the court may estimate both income and financial circumstances. It is therefore advisable to submit complete and truthful information supported by specific documents.

Tip for article

Tip: Many countries also use the principle of basing the amount of a fine on the offender’s income and financial circumstances when imposing fines for speeding. Finland and Switzerland, for example, are known for this practice; in Switzerland, a record fine of nearly 20 million crowns was even imposed.

In the decision itself, the fine is determined as a multiple of the established daily rate (for example, 1,000 Kč) and the number of daily rates (e.g., 50); in this case, therefore, 50,000 Kč. Overall, therefore, the fine can range from 2,000 Kč (20 × 100 Kč) to 36,500,000 Kč (700 × 50,000 Kč). You might wonder why the fine isn’t simply set as a specific amount, since dividing it into daily rates may seem like an unnecessary complication. This approach serves its purpose particularly when the fine cannot be enforced (see below).

If a fine is imposed for a property crime, its amount should be proportionate in some way to the damage caused. It is clear that in the case of the theft of a wallet containing 15,000 Kč in cash, a fine totaling 100,000 Kč would be disproportionate. On the other hand, there is no requirement for absolute equivalence between the financial gain and the penalty.

The court may order that the fine be paid in reasonable monthly installments if it believes this will increase the effectiveness of its enforcement. Another incentive may be to order that the entire fine become due immediately if the offender fails to pay a partial installment on time.

Specific Aspects of Imposing Fines

In the past, courts virtually ignored this form of punishment. After the Supreme Court repeatedly called for its more frequent use and lawmakers made partial amendments to the law regarding this penalty, the percentage of fines imposed increased.

For some individuals, it appeared difficult to obtain information about their personal and financial circumstances. However, the court may use its discretion to estimate the offender’s income, assets, and other relevant information to determine the daily rate if the offender’s actual daily income cannot be ascertained. The court should also always ascertain the offender’s financial obligations—such as child support, obligations to pay damages, and so on—to ensure that these obligations are not jeopardized by the fine.

What happens if a fine is not paid?

Once the decision becomes final, the court will order the convicted person to pay the fine. If installment payments have been authorized, the convicted person must make them properly and on time. At the same time, the court may stipulate that failure to pay a single installment will result in the loss of the installment plan, and the entire remaining fine will become due immediately.

Failure to pay a fine does not automatically result in immediate imprisonment. The court first assesses whether the amount can be collected. If the offender fails to pay and it is clear that enforcement could be thwarted or would be futile, the court may convert the unpaid fine, or the remainder thereof, into a prison sentence.

For penalties imposed under the legislation effective as of January 1, 2026, the following applies:

one completely unpaid daily rate = one day of imprisonment.

Thus, if a convicted person fails to pay, for example, 60 daily rates, the unpaid portion may correspond to 60 days of imprisonment. For fines imposed on or before December 31, 2025, the conversion is governed by the previous legal provisions.

Real-life example: The defendant faced a fine, and the court based its decision primarily on his regular income. However, the defendant also provided evidence of his child support obligations for two children, the costs of necessary medical treatment, and the fact that part of his income was only temporary. These circumstances do not alter the seriousness of the crime itself, but they may be important in determining the amount of a single daily rate. The court assesses each case individually, and it is not possible to guarantee in advance what amount will be imposed.

Tip for article

Tip: We discussed conditional and unconditional prison sentences in a separate article.

What should you do if you can’t pay a fine?

Do not ignore the court’s notice. If your financial situation has changed or you are unable to pay the full amount at once, respond as soon as possible and provide evidence of the reasons preventing you from paying. Depending on the circumstances, you may be able to request payment in installments or a deferral of the penalty.

It is advisable to include the following with your request:

  • proof of income,
  • a breakdown of your regular expenses,
  • information about child support obligations,
  • medical reports in the event of long-term incapacity to work,
  • documents proving an unexpected change in financial circumstances.

Simply claiming that you do not have the money to pay is generally not enough. The court requires specific and verifiable information.

Are you unable to pay a fine, or are you at risk of having it converted to a prison sentence? An attorney will assess whether you can request installment payments, a deferral, or take advantage of another procedural option, and will help you support your request with evidence.

Summary

A court may impose a fine for any criminal offense, provided it is not evident that the fine would be uncollectible. The amount of the fine is calculated as the product of the number of daily rates and the amount of a single rate. The number of daily rates depends primarily on the severity of the crime, while the amount of a single daily rate is based on the offender’s income, assets, and personal circumstances. For an individual, a single daily rate ranges from 100 to 50,000 CZK, with a minimum of 20 daily rates. In the event of nonpayment, the court may convert the unpaid fine into a prison sentence; for fines imposed from 2026 onward, one unpaid daily rate corresponds to one day in prison. If the convicted person is unable to pay the amount, they should contact the court in a timely manner and properly document their situation.

Frequently Asked Questions

Is a monetary penalty the same as a fine?

No. A fine is typically an administrative penalty imposed, for example, for a misdemeanor, whereas a monetary penalty is imposed by a criminal court for a criminal offense. It is a conviction in criminal proceedings.

Is the fine paid to the victim?

No. The amounts paid as fines go to the state. Compensation for damages to the injured party is a separate obligation.

Can a court impose a fine on an unemployed person?

Yes, unless it is clear from the outset that the fine will be unenforceable. The court may take into account not only the offender’s current income, but also their assets and the income they could potentially earn.

Can a fine be paid in installments?

Yes. The court may allow reasonable monthly payments, taking into account the debtor’s personal and financial circumstances. However, if payments are delayed, this option may be revoked.

Can someone else pay the fine?

Technically, another person may pay the amount. However, this does not alter the fact that the sentence was imposed on the convicted person, and the responsibility for its proper enforcement rests with him or her.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague
Author of the article

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

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