Should fare evasion no longer be considered a criminal offense in the future? The majority of Germans are in favor of that. This is how the police are now arguing against it.
The German police union has sharply criticized the idea of no longer treating fare evasion as a criminal offense. Previously, a survey showed that the majority of citizens would like it if using public transport without a valid ticket were more likely to be considered an administrative offence. Read more about it here.
“The lack of equipment in the judiciary cannot be used to convert criminal offenses into administrative offences,” says Rainer Wendt, federal chairman of the German Police Union (DPolG), when asked by t-online. “Do we want to classify shoplifting as an administrative offense in the near future?”
DPolG boss: “Completely wrong signal”
Wendt is also of the opinion that fare evasion should not be put on the same level as illegal parking. “In addition, socially, it sends a completely wrong signal if we repeatedly trivialize misconduct. Anyone who uses public transport without paying is traveling at the expense of the general public,” Wendt continued.
According to the head of the DPoIG, intentional fare evasion is rightly a criminal offense in Germany because it is about “cheating benefits”. “In real life, it doesn’t affect those who have forgotten to buy their ticket once, it’s about repeat offenders,” he argues.
VDV: Downgrading would only shift effort
A spokesman for the Association of German Transport Companies (VDV) points out that there are a number of differences between a criminal offense and being downgraded to an administrative offence. One must therefore “consider the entire topic in an evaluation”.
“If a fare dodger can’t pay a fine, he can’t pay the fine for the administrative offense either. In this case, you end up in court or in prison – the whole thing is then just called coercive detention,” explains the spokesman when asked by t- on-line. “A downgrading to an administrative offense would therefore not simplify it, but shift the costs and effort from the state authorities of the public prosecutor’s office and the police to the municipal authorities of the regulatory offices.”
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In addition to these legal assessments, the VDV believes that there are other arguments for continuing to treat fare evasion as a criminal offence. This includes, for example, the deterrent effect due to tougher sanction options – especially for repeat offenders.
Passenger association considers downgrading possible
When asked by t-online, Detlef Neuß, national chairman of the Pro Bahn eV passenger association, explained that the lawyers were not yet in agreement as to whether it is possible to collect personal data from a fare dodger if driving without a valid ticket is only one constitutes an offence. However, this is necessary in order to collect a so-called increased transport fee.
“Once it has been legally clarified whether identity checks on the train are also possible in the event of an administrative offence, in our view there is nothing to be said against classifying fare evasion as an administrative offence,” says Neuss. However, he also points out that, according to the Criminal Code, it is only a criminal offense if there is an intention to drive without a valid driver’s license and this can also be proven.
This is the case, for example, if a trip is started three times in a row without a valid ticket within a short distance. “Errors in the choice of ticket or a defective ticket machine that cannot be used, for example, do not constitute a criminal offence,” explains Neuss.
Additional register and social ticket required
In order to treat people who intentionally dodge fare in the right way as “honest” passengers, the honorary chairman of the Pro Bahn eV passenger association, Karl-Peter Naumann, also proposes introducing an additional register. The goal should be to significantly increase the “increased transport fee” in the event of a repeat incident. If it costs 60 euros the first time, it could be 2,100 euros the second time and 3,150 euros the third time, says Naumann.
In addition, the social aspect must also be taken into account when doing fare evasion. For low-income people who cannot afford the bus ticket, a social ticket must be used.
