160,000 euros instead of 10,000 euros: judge in Ghent gives businessman Guido Dumarey a higher fine because he is filthy rich

In our country, criminal judges have a lot of freedom in determining a sentence. There are “penalty forks”. Such a fork sets a minimum and maximum fine for a specific crime. The judge can therefore determine the fine within that range depending on the facts and the broader context. This broader context therefore also includes the financial condition of the defendants.

“That is often taken into account,” says Van Roy. “Also in the opposite direction, for people with low assets. A judge may even go below the minimum fine if the defendant can demonstrate that he is in a precarious financial situation. However, going above the maximum fine is not allowed.”