Germany: Fare Evasion Can Lead to Prison Time

In Germany, failing to purchase a ticket for public transport can result in incarceration. Justice Minister Stefanie Hubig aims to reform this, but her conservative allies remain hesitant. Many citizens may not realize that skipping a fare is a criminal act, often punishable by a €60 fine. If the fine is unpaid, the penalty could escalate to imprisonment, with the legal term “Ersatzfreiheitsstrafe” — translating to “substitute prison sentence” — potentially lasting up to a year.

A Push to Decriminalize the Offense

Hubig, a center-left Social Democratic (SPD) official, has proposed reducing fare evasion from a criminal offense to a civil violation. In an interview with the *Neue Osnabrücker Zeitung*, she questioned whether individuals unable to pay fines truly deserve prison time. Her plan aligns with a clause in the 2023 coalition agreement between the Christian Democratic Union (CDU), Christian Social Union (CSU), and SPD, which calls for reviewing unnecessary regulations.

“Do people who cannot afford a ticket and end up in prison really belong there?”

Hubig stated, emphasizing the financial strain on the justice system, which costs around €200 million annually.

Opposition from Political and Legal Groups

Following Easter, Hubig unveiled her proposal, prompting swift responses from CDU/CSU representatives. Deputy parliamentary group leader Günter Krings argued that the ministry should focus on more pressing criminal law issues. Meanwhile, the German Police Union (GdP) expressed concerns, warning that the change might encourage more people to ignore ticket rules.

“There’s a risk that many will simply stop caring about having a ticket,”

said GdP spokesperson Andreas Roßkopf, echoing skepticism about the reform.

Historical Context and Advocacy

The law in question traces its roots to the Nazi era and was enacted in 1935. For years, the Freiheitsfonds (“freedom fund”) initiative has opposed it, citing its harshness. Funded by donations, the group claims to have assisted nearly 1,700 individuals in avoiding prison through bail. Leo Ihßen, a spokesperson for the organization, criticized the system: “Most imprisoned for fare evasion have never been formally convicted. They were fined and then sent to jail due to poverty.”

Progress in Some Cities

Currently, 13 German cities including Frankfurt am Main, Cologne, Bonn, and Leipzig have opted not to pursue criminal charges for ticketless travel. This shift highlights growing support for Hubig’s proposal, though it faces resistance from traditionalists.

This article was translated from German. To view the video, enable JavaScript and upgrade to an HTML5-compatible browser.