Buschmann has announced a “modernization of the penal code.” The plan is stalling. Scientists say he should at least push for the decriminalization of driving without a ticket.
In an open letter to Federal Justice Minister Marco Buschmann (FDP), criminologists and other scientists have proposed that fare evasion should neither be treated as a criminal offence nor punished as an administrative offence in the future. In their letter, which has been made available to the German Press Agency, they justify their proposal by saying, among other things, that the offence disproportionately affects poor people and those in precarious living situations – such as drug addicts.
Supporters of the proposal, which was written by two scientists from Cologne and Frankfurt am Main, include Christine Graebsch from the Dortmund University of Applied Sciences, Stefan Harrendorf from the University of Greifswald, and Sonja John from the Hessian University of Public Management and Security.
Timing of criminal law reform still unclear
In November, Buschmann presented key points for a reform of the penal code that would decriminalize fare evasion. In future, traveling without a valid ticket should no longer be treated as a criminal offense, but as an administrative offense.
However, another part of the plan has sparked discussions in the traffic light coalition. Buschmann wants to create an opportunity to report accidents in which only material damage has occurred online. This means that the person responsible would no longer have to wait on site for the owner of the damaged vehicle or for the police.
In January, Buschmann said that a concrete draft for the reform could probably be expected in the first half of 2024. A spokesman for his ministry said in response to a query that the project would be pursued further. The aim is to present a draft as soon as possible.
Many fare dodgers are unemployed
As a rule, no barriers have to be overcome when “obtaining benefits by deception” and the damage per journey without a valid ticket is marginal, argue the authors of the letter to Buschmann. The majority of people who serve a substitute prison sentence for travelling without a ticket are unemployed.
According to the scientists, the argument against downgrading the offense to an administrative offense is that there is a risk “that people who cannot afford a ticket and the fine will be imprisoned via coercive detention.” This can only be ordered if someone is not insolvent. However, it is almost impossible for those affected to prove this, as they are under severe psychological and physical stress.
Classification as an administrative offence would also entail a great deal of administrative effort and corresponding costs. In the event of non-payment, transport companies are free to call in debt collection agencies to collect the money.
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
