The Social Democratic Party (SPD) has called for the criminal law to be amended so that travelling on public transport without a ticket is no longer a punishable offence. “Poverty must not be criminalised. Therefore, the act of traveling without a fare should not be part of the criminal law” said Carmen Wegge, the SPD’s political spokesperson on justice. She added that § 265a of the German Criminal Code, which treats fare evasion as fraud, places an unnecessary burden on the judiciary. “Anyone who cannot afford a ticket is not a criminal. That’s why I support a complete repeal of this paragraph”.
Under the current law, riding without a ticket is considered a form of fraud under § 265a. The penalties can be a fine or imprisonment; failure to pay the sentence may lead to a suspended prison term. The SPD argues that the so‑called “elevated fare charge” – the fine imposed by local transport operators – already serves as a powerful deterrent, so criminal prosecution is unnecessary. Instead, the party advocates for more social and pragmatic solutions: fair social tickets, installment payment plans, and assistance programmes for hardship cases. “Mobility is part of the public service” Wegge said, and the SPD intends to keep the issue on the agenda in talks with its coalition partner.
The Union presents a different view. Susanne Hierl of the Christian‑Social Union (CSU), the coalition’s justice spokesperson, described fare evasion as a serious offence that should remain punishable. “We must protect public transport and not send the wrong signal to offenders” she argued. Hierl rejected the idea of abolishing the criminal provision and stressed that reliable, modern, and clean public transport, which also contributes to climate protection, must be funded through proper ticket sales; she emphasised that repeated fare evasion harms both the transport company and society at large.