If you’re caught without a ticket in Germany, it’s possible you could end up in jail. The justice minister now wants to change that, in a move that could affect thousands of people every year.
Travelling without a valid ticket on buses or trains in Germany is currently a criminal offence and – for people who cannot pay the resulting fines – can lead to a prison sentence.
Now, Federal Justice Minister Stefanie Hubig of the centre-left Social Democrats (SPD) has publicly questioned whether this system makes sense, telling the Neue Osnabrücker Zeitung there were “good reasons for decriminalisation”.
Specifically, the debate revolves around whether fare evasion – “obtaining services by deception” under Section 265a of Germany’s Criminal Code – should remain a criminal matter.
Why decriminalisation has strong supporters
Supporters of reform argue first and foremost that the current system punishes poverty rather than fraud. Between 7,000 and 9,000 people reportedly end up in prison in Germany each year because they are unable to pay fines for fare evasion.
Justice Minister Hubig has questioned whether people who cannot afford a ticket “really belong” in prison, particularly in a justice system already strained by staff shortages and heavy caseloads.
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The German Bar Association (DAV) goes further. Its spokesperson Swen Walentowski told the Neue Osnabrücker Zeitung that the “social benefit of criminalisation is doubtful, while the harm to the general public is immense”.
The association estimates that legal proceedings and prison sentences cost taxpayers around €200 million every year.
Civil society groups also underline the social impact. The Initiative Freiheitsfonds (Freedom Funds Initiative) – which raises money to pay fines to release people jailed for fare evasion – says that those affected are overwhelmingly destitute, unemployed or homeless.
In Berlin, a single ticket on the U-Bahn hit four euros for the first time this year and a penalty fine is typically €60. If you fail to pay the fine, it will usually be passed along to a debt collection agency, substantially increasing the amount payable.
According to Freiheitfonds spokesperson Leonard Ihßen, the group pays an average of €800 per person to secure their release from prison.
But opposition to decriminalisation does exist. Andreas Roßkopf, head of the Federal Police division of the Police Union (GdP), warned in Rheinische Post that decriminalisation could make fare evasion seem trivial and encourage abuse, particularly in cases involving repeated or high‑value offences.
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Why the current system is under pressure – and what comes next
Under current law, anyone who fails to pay a fare‑evasion fine can receive a substitute prison sentence (Ersatzfreiheitsstrafe).
As The Local has reported, unpaid fines can quickly escalate to debt collection and then criminal prosecution, even when the original penalty might only have been around €50.
Previous efforts to reform the current system stalled after the collapse of Germany’s previous coalition – made up of the Social Democrats, Greens and FDP – in 2024.
But some cities have already acted unilaterally. Frankfurt, Cologne and Dresden among others have taken steps to stop reporting fare‑dodgers to the police, effectively limiting penalties to fines.
While no timeline has yet been announced, Hubig’s comments mark the clearest signal yet that reform is now also back on the agenda at the federal level.
Disclaimer : This story is auto aggregated by a computer programme and has not been created or edited by DOWNTHENEWS. Publisher: thelocal.de
