Die Anwendbarkeit der Bewährungsvorschriften gemäß §§ 56 ff. StGB auf die Ersatzfreiheitsstrafe nach § 43 StGB.

»How to apply the Rules of Probation in Case the Convict is incapable to pay the Fine and faces a substitute Imprisonment (Ersatzfreiheitsstrafe)«: The convict, who faces a substitute imprisonment, is in a similar situation as a person, who received an ordinary custodial sentence. Therefor the question whether or not the rules of probation should apply to the substitute imprisonment in 43 StGB is closely linked with the legal nature of this penalty. By the means of the wording in 43 StGB, the system of the rules, the history and the purpose of 43 StGB the author concludes, that the substitute imprisonment is an ordinary custodial sentence and therefore the rules of probation should apply to this penalty as well.