It is true that Section 40 (2) of the German Criminal Code (StGB) stipulates that the fines be based on the economic circumstances of the person concerned and that the minimum fine be € 1.00. However, judges very often impose higher fines, although approximately 80% of those affected live below the subsistence level. The daily net income is used as a guideline for the daily rate. For a recipient of ALG 2 (Hartz4) daily rates of 10 – 20 euro are computed. A person who already lives at the subsistence level is thereby denied essential basic needs and thus also the right to a decent life.