Unlawful detention of online platforms due to fines for unpaid BVG ticket penalties
In the heart of Europe, Germany's public transportation system, operated by the Berliner Verkehrsbetriebe (BVG), is a lifeline for millions of residents and visitors. However, the system's strict enforcement of fare evasion laws has recently come under scrutiny, with some arguing that it disproportionately affects vulnerable individuals.
Section §265a of the Strafgesetzbuch, the German penal code, criminalizes the act of "Erschleichen von Leistungen," or obtaining services by deception. Introduced in 1935, this law was designed to prevent individuals from unlawfully receiving benefits or services by deception or omission, particularly in contexts such as public transportation.
In relation to fare evasion on public transportation, §265a StGB makes it a criminal offense to evade paying for a ticket by deception. This means that traveling without a valid ticket is not merely an administrative offense but can lead to criminal charges if repeated or reported by transit authorities.
The BVG, with its slogan "Weil wir dich lieben" - "because we love you," conducts ticket inspections on any mode of transport and at any time of day. In 2024, the BVG conducted more than five million ticket inspections and caught 270,000 passengers riding without a ticket. However, the BVG only files a criminal complaint if a passenger is caught riding without a valid ticket three times within one year.
This approach has led to instances where individuals, like Suzana Deuerling, a 53-year-old resident of Spandau, have found themselves in prison. Deuerling, who had a monthly Sozialticket, a subsidised transport card issued to people receiving government support, was arrested for riding the U-Bahn without a valid ticket. Unfortunately, she had not filled in her Jobcenter number on the card itself, leading to her criminalization under §265a StGB.
The consequences of such criminalization can be severe. More than 500 people whom the BVG elected to charge criminally for unpaid transit fares ended up in prison in 2023. Many of these individuals are among society's most vulnerable. According to the Freiheitsfonds, 87% are unemployed, 15% have no fixed address, and 15% are suicidal.
Fortunately, public sentiment is shifting. More than 69% of Germans favor ending jail time for fare evasion, according to a 2023 poll from FragDenStaat. Cities like Bremen and Dresden have already decriminalized fare evasion, and other cities, such as Cologne, Duesseldorf, and Potsdam, have quietly abandoned such crackdowns.
The work of groups like the Freiheitsfonds is crucial in this regard. The group has saved the state about €18 million in incarceration costs by raising the money to free nearly 1,300 people since its founding in 2021.
As the debate over fare evasion continues, it is clear that a balance must be struck between ensuring the financial sustainability of public transportation and avoiding the criminalization of vulnerable individuals. The current system, with its potential for harsh penalties, has raised concerns about its fairness and effectiveness. Whether through reform or decriminalization, it is hoped that a more compassionate and equitable approach will emerge.
[1] Repeated offenses or reports can result in a criminal record, rather than just a fine. [2] Authorities have sometimes noted that enforcement is challenging due to limited personnel and the difficulty of conducting effective controls.
- Amid ongoing debates in politics, the criminalization of fare evasion in public transportation systems, such as Berliner Verkehrsbetriebe (BVG), under Section §265a of the Strafgesetzbuch (StGB), has become a topic of general-news discussion, with many questioning its fairness towards vulnerable individuals.
- In the realm of crime-and-justice, the recent incarceration of individuals, like Suzana Deuerling, for fare evasion on public transportation, has sparked public outcry, leading to calls for reform or decriminalization to ensure a more equitable approach.
