- Impunity for black drivers?
In an open letter to Federal Minister of Justice Marco Buschmann** (FDP), criminologists and other scientists have proposed that fare evasion should no longer be treated as a criminal offense or punished as an administrative offense. In their letter, which was made available to the German Press Agency, they argue that the criminal offense disproportionately affects poor people and those in precarious situations, such as drug addicts.
Among the supporters of the proposal, which was written by two scientists from Cologne and Frankfurt am Main, are Christine Graebsch from the University of Applied Sciences Dortmund, Stefan Harrendorf from the University of Greifswald, and Sonja John from the Hessian University of Public Management and Security.
The timing of the criminal law reform is still unclear. Buschmann had presented guidelines for a reform of the Criminal Code in November, which would decriminalize fare evasion. In the future, riding without a valid ticket should no longer be treated as a criminal offense, but as an administrative offense.
However, another part of the project has sparked discussions within the traffic light coalition. Buschmann wants to create an option to report accidents with only property damage online. This would mean that the person responsible would no longer have to wait at the scene for the owner of the damaged vehicle or the police.
In January, Buschmann said that a concrete draft for the reform could be expected in the first half of 2024. A spokesperson for his ministry said that the project is being pursued further. The aim is to present a draft as soon as possible.
Many fare evaders are unemployed. According to the authors of the letter to Buschmann, there are usually no barriers to overcome in the "fraudulent use of services" and the damage per ride without a valid ticket is marginal. The majority of people who serve a substitute sentence due to riding without a ticket are unemployed.
From the point of view of the scientists, the risk is that people who cannot afford a ticket and the resulting fine will be imprisoned through the enforcement of imprisonment. Although this can only be ordered if someone is not payment-injured, it is hardly possible for those affected, who are psychologically and physically heavily burdened, to prove this.
Furthermore, classifying fare evasion as an administrative offense would be associated with a large administrative burden and corresponding costs. The transport companies are free to engage collection agencies to enforce payment if it is not made.
The scientists from The Commission, led by two individuals from Cologne and Frankfurt am Main, support the proposed change in treating fare evasion as an administrative offense. The Commission also argued that the current criminal offense disproportionately impacts poor individuals and those in precarious situations.
