Germany urged to reform fare evasion laws to ease court burdens
Only conduct that is considered particularly reprehensible from a socio-ethical standpoint should be subject to criminal punishment, Helmut Frister told the Neue Osnabrücker Zeitung (NOZ). "Simple fare evasion without bypassing access barriers does not meet that threshold." He argued that the law against fare dodgers fails to uphold the principle of criminal law as a last resort.
The criminal law expert called for the legislation to be amended accordingly. "Overburdening the justice system with these petty offenses is unnecessary," the legal scholar told the NOZ. According to Frister, one in four substitute prison sentences in Germany stems from fare evasion—a practice that costs the state significant money while yielding no rehabilitative benefit. He also rejected proposals to downgrade the offense to an administrative violation, noting that even this could lead to imprisonment through coercive detention. "This is a civil wrong, a breach of contract. That's how it should be treated."
However, Frister opposes outright repeal of Section 265a of the Criminal Code. Fare evasion on long-distance services, for instance, could still warrant criminal penalties. NOZ investigations found that in 2024, one in eight reports of fare evasion involved long-distance travel.
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