Belgian artist Wim Delvoye faces a potential six-month prison sentence on appeal over allegations of abuse of trust and theft related to the sale of one of his artworks.
In late 2012, Delvoye instructed a Swiss gallery to sell his artwork 'Chapel,' a scale model of a Gothic chapel. On 12 January 2013, the gallery signed a sales agreement with a US company, setting the price at €650,000 to be paid in six instalments.
During an exhibition in Lille in 2014, the artwork was damaged and returned to Delvoye’s studio for repairs. On 6 July 2015, he sold the same piece to the Belgian company Katoen Natie for €400,000, reportedly without receiving any payments from the Swiss gallery.
In a Ghent court hearing, Delvoye was acquitted of abuse-of-trust charges linked to the US company. The court ruled that there was insufficient evidence against him.
Prosecutors have appealed the verdict, arguing that Delvoye was aware of the initial sale agreement. The prosecutor-general called it “incredible” that the artist was unaware of the situation given that the artwork was in his studio for repairs, and demanded a six-month prison sentence.
Delvoye’s lawyers refuted the claims, stating that no payments had been exchanged between the US company and the Swiss gallery. “The gallery deceived the American company, not Delvoye,” they asserted.
Delvoye defended himself further, noting there was no invoice, sales agreement, or certificate to suggest a valid transaction had taken place. “My reputation as an artist matters greatly to me," he said. "Why would I risk it? The gallery claimed the sale never went through because they had not been paid.”
His lawyer also emphasised that Delvoye issues invoices for significant amounts only after payments are received so as to minimise risks.
“The investigation found no wrongdoing," he said. "He received no payment whatsoever, which is the key point. He did not know the work was sold, so malicious intent cannot be proven.”
Delvoye argued that he could have easily created a duplicate of the chapel for Katoen Natie. “I produce multiple chapels. Why wouldn’t I have simply made another one to sell to them?”
The court will deliver its ruling on 2 June.
