Helmut Frister, chairman of the German Ethics Council, has strongly advocated for decriminalizing fare evasion. Speaking to the “Neuen Osnabrücker Zeitung” (noz), Frister argued that criminal penalties should only be reserved for actions deemed particularly socially unethical, stating that simple instances of unauthorized travel without breaching access restrictions do not warrant punishment. He believes that current legislation targeting fare evaders does not align with the principle of criminal law being a measure of last resort.
According to the legal scholar, the law should be amended accordingly, as prosecuting such trivial offenses needlessly overburdens the justice system. Frister pointed out that, based on his assessment, every fourth substitute prison sentence in Germany stems from this specific offense. He emphasized that these mandatory detention periods cost the state significant funds without achieving any effect toward reintegrating offenders. Furthermore, he rejected the idea of reclassifying the offense as a mere administrative violation because these too can result in compulsory detention leading to incarceration. Instead, he suggested that it should be treated as a civil law matter-a breach of contract.
However, Frister is opposed to completely eliminating the relevant section of the law. He conceded that fare evasion on long-distance transport, for instance, could remain a punishable offense if necessary. Research conducted by the noz indicated that in 2024, roughly one in eight reports filed concerning fare evasion on long-distance travel were related to such incidents.
