Statutory surcharges – changes and transitional rules in 2026

1. Increase from 1 February 2026

From 1 February 2026, the number of additional decimes increased from 70 to 90. As a result, the multiplication factor rose from 8 to 10.

The criminal fines concerned therefore increased by 25%.

• offences committed up to and including 31 January 2026: base fine × 8;
• offences committed from 1 February 2026: base fine × 10.

A statutory fine of 20 euros previously resulted in an effective fine of 160 euros. For offences committed from 1 February 2026, the same fine amounts to 200 euros.

2. New system from 1 September 2026

The new Criminal Code entered into force on 1 September 2026. It uses eight penalty levels and higher base amounts. A factor of 1.25 is applied to those amounts.

The lower factor does not mean that fines were reduced again. The base amounts were increased or converted at the same time.

Several special criminal statutes, including the Road Traffic Act, were also adapted to the new system. The base amounts laid down in the Road Traffic Act since 1 September 2026 were, in principle, set at eight times the previous amounts. Only the factor of 1.25 is applied to these new statutory amounts.

In principle, the final result therefore corresponds to the amount previously obtained by applying a factor of 10.

For special criminal statutes that have not yet been adapted to the new system, the previous base amount must first be multiplied by eight. The factor of 1.25 is then applied to the resulting amount.

3. Transitional rules

For offences committed before 1 September 2026 but tried after that date, the new rules cannot simply be applied on their own.

The former and the new sentencing regimes must be compared as a whole. New rules that result in a more severe penalty cannot be applied retroactively. If the new rules are more favourable to the defendant, however, they must be applied.

In transitional cases, the possible penalties under both systems must therefore be calculated and compared in concrete terms, including the applicable statutory surcharges.