The German Bar Association (DAV) is advocating for the decriminalization of fare evasion on public transport. Currently, riding without a ticket is considered a criminal offense in Germany-a status the association believes is socially and politically misguided. Swen Walentowski, Head of Political Communication and Media for the DAV, told the “Neue Osnabrücker Zeitung” that the “social benefit of criminalizing this is questionable, while the damage to the general public is immense”. According to the DAV, the yearly costs for court proceedings and associated penalties amount to around 200 million euros, all funded by taxpayers. Consequently, the removal of criminal charges is deemed “long overdue”.
From the DAV’s perspective, criminal prosecution disproportionately impacts financially vulnerable individuals. Walentowski termed fare evasion an “act of poverty” stating, “It is mainly people who cannot afford a ticket who get prosecuted”. Instead of intentionally promoting mobility for these groups, significant public funds are diverted to their punishment-what Walentowski called a “socio-political absurdity”.
The Bar Association is also critical of the fact that transport companies have their demands secured by criminal law. Walentowski urged the “noz” that this is “hardly justifiable”. He added, “If you didn’t pay your electricity bill, nobody would even think of involving the public prosecutor”. Furthermore, the DAV cautions that simply downgrading the offense to a minor infraction is insufficient, as this would only eliminate the requirement for substitute imprisonment, but affected individuals could still face detention in a jail.
