Researchers across Germany, including Dortmund lawyer Prof. Dr. Christine Graebsch, are calling for impunity for fare dodging. In an open letter to Federal Minister of Justice Marco Buschmann(Opens in a new tab) , they argue for the abolition of Section 265a of the German Criminal Code without replacement.
Anyone who travels by bus or train without a ticket is committing a criminal offense in Germany. The fraudulent procurement of services (Section 265a of the German Criminal Code) is punishable by a prison sentence of up to one year or a fine. Unnecessary, argue numerous researchers in the open letter. They are also unconvinced by the planned downgrading to an administrative offense. They have social, economic and legal aspects in mind.
"We are not objecting to the civil law claims that transport companies have against people who travel without a ticket," emphasizes Christine Graebsch, a lawyer at the Faculty of Applied Social Studies at Dortmund University of Applied Sciences and Arts and head of the prison archive based here. Just like any other company, transport companies can claim this. They would also have a sufficiently deterrent effect, for example through high dunning and collection costs.
Criticism of alternative custodial sentences
"We are campaigning for decriminalization," emphasizes Christine Graebsch. This would primarily help citizens affected by poverty and relieve the burden on authorities and the justice system. The signatories of the open letter are particularly concerned about the alternative custodial sentences imposed when fines are not paid. These mainly affect people in very precarious situations, whose driving without a ticket is evidence of de facto constraints (inability to pay).
Substitute custody places an additional heavy burden on this group of people. It would also result in high costs for the state. This would also remain the case if the offense were downgraded to an administrative offense, as the instrument of enforced detention would continue to exist. The planned reform would reduce the burden on the state to almost zero.
Discussion of the day
Professor Graebsch was also a guest on Bayerischer Rundfunk's "Tagesgespräch"(Opens in a new tab) on August 7, 2024, where she entered into a discussion with radio listeners. The lawyer emphasized that it cannot be the task of the state to act as a debt collection company for transport companies. This costs money and ties up capacity in the courts. Every year, around 7,000 people are imprisoned for driving without a ticket, and these are people at the lower end of society who are confronted with multiple problems. This group must be taken into consideration. For everyone else, there is the increased fare of 60 euros as a penalty.
It has also been scientifically proven that deterrence does not increase with the amount of the fine, explained Professor Graebsch. 60 euros plus a possible prison sentence does not lead to fewer fare dodgers than the 60 euros alone. "You achieve deterrence with more controls," said the scientist. However, the transport companies have consistently cut these jobs.
Christine Graebsch was able to see some merit in the suggestion that people living in poverty should be given a local transport ticket free of charge, as this would enable participation. However, this should be viewed separately from the debate on decriminalization.