The German Lawyers’ Association (DAV) is campaigning for the decriminalization of fare evasion in public local transportation. Currently, traveling without a ticket is considered an offense under German law-a status the association deems politically misplaced. Swen Walentowski, the DAV’s head of political communications and media, told the “Neue Osnabrücker Zeitung” (noz) that the “social benefit of criminalizing the act is questionable, while the damage to the public is immense”. According to the association, the costs connected with proceedings and fines amount to approximately 200 million Euros annually, funds paid for by taxpayers. Because of this, they argue that decriminalization is “long overdue”.
From the DAV’s perspective, current enforcement disproportionately affects financially vulnerable individuals. Walentowski termed fare evasion an “act of poverty” stating, “Primarily, it is people who cannot afford a ticket who are prosecuted”. He argued that instead of strategically promoting mobility, substantial public funds are spent penalizing people-a concept he calls a “social-political madness”.
Furthermore, the Lawyers’ Association criticizes that the transportation companies have legal authority to enforce their demands. Walentowski cautioned the “noz”, describing this as “hardly justifiable”. He remarked, “If you cannot pay your electricity bill, no one would even think of involving the public prosecutor’s office”.
The DAV also warned that simply downgrading the offense to a minor infraction would be insufficient. While this change would eliminate the mandatory prison sentence, those involved could still face imprisonment through compulsory detention.