In court: When the judge quickly calculates a fine – society

Criminal judgments in Germany always begin with the words “In the name of the people”. And more than 80 percent of the time, they end in a very prosaic way. With an invoice. It’s about euros and cents, so that the matter can be ticked off, followed by a sheet of paper with an invoice number (“please always state”), account details for the federal state’s judicial cash register, and don’t forget: “You will be informed that if you do not pay, a overdue fine will be due.”

This is by far the most common form of punishment today. Money. At the same time it is the most enigmatic. Why is the court asking for a certain amount? This is often not really explained to you when you are in court as a defendant. Like a young Ukrainian recently, for example. He sat in the defendant’s chair. Courtroom 0202, Berlin-Tempelhof. A repeat thief. He wore a sweatshirt and had a shaved head. And he tried to follow.

You don’t always understand everything here, even if you can do mental arithmetic

At his last trial, a few weeks earlier, he had been fined 30 daily rates. This is how fines are calculated in Germany. The rules are as follows: A daily rate is the net income that you have on average for a day. This is usually appreciated by the court. In the case of the Ukrainian, the court had estimated at the time: 15 euros per day. Then there was a multiplication: 30 times 15. So far, so simple. This is how the fine came about – 450 euros.

And now? The judge focused the Ukrainian strictly. This time, the judge said, the accused must be prepared for a higher sentence! Because of the repetition. The Ukrainian looked embarrassed. Maybe he was scared. The judge continued: The Ukrainian should be happy that he gets a fine at all! After all, a prison sentence is possible for theft! Then he imposed the penalty: 50 daily rates. Uff. That is much. But he adds: “…at five euros”.

huh You have to understand that first. 50 times 5. That results in: only 250 euros. That’s significantly less than last time. Because of: higher punishment, the Ukrainians might think now – if someone would explain to them what has just been decided. But nobody did. The Ukrainian looked at the judge. He said nothing. It stayed the same: Nobody in the hall said the words “250 euros”. You had to be familiar with the laws, and then you have to multiply in your head.

The judge warned the Ukrainian not to steal again, otherwise the penalty would be even more severe the next time. There was a moment of silence. A final question from the judge to the convict: whether he wanted the verdict in writing, translated into Ukrainian? Silence again. The Ukrainian shook his head. “I don’t have to,” he said, still very excited. “I only need the sum and the account details.”

At this point, Verena Mayer and Ronen Steinke write in weekly alternation about their experiences at German courts.

(Photo: Bernd Schifferdecker (Illustration))

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