ABSTRACT
The unequal distribution of money puts a clear and definite limit on the fairness of tariff- and fixed-fine systems. A system had to be developed to subvert the inequality-inducing characteristic of the unequal distribution of money in society via the adaptation of the fine to the offender’s financial circumstances, but without giving the impression that the court takes a lenient view of the offence. Fairness requires recognition that the same fine may have a disproportionately severe impact on certain offenders. The problem of imposing fines which had to be appropriate both to the offence and to the offender was faced by all European criminal justice systems during the nineteenth century. However, a way that was not explored at all was the reduction of fines to relatively affordable levels, as it had been the case in previous centuries.
