Helmut Frister, the chairman of the German Ethics Council, has voiced strong support for decriminalizing fare evasion. Speaking to the “Neue Osnabrücker Zeitung” (noz), Frister stated that only actions deemed particularly socially unethical should be penalized, arguing that simple fare evasion without overcoming access restrictions does not fall into that category. He believes that the current law against fare evasion does not align with the principle of criminal law being a last resort.
From the perspective of a criminal law expert, the law needs to be revised accordingly. The legal scholar told the noz that the current situation places an unnecessary burden on the justice system due to these minor offenses. According to Frister, every fourth suspended sentence in Germany results from this specific offense, and these sentences incur significant costs for the state without achieving any effect in terms of rehabilitation. Furthermore, he opposes downgrading the offense to a minor infringement, as even this can lead to confinement through compulsory detention. He suggested that the issue should instead be treated as a civil law matter-a breach of contract.
However, he is against the complete removal of Section 265a. He does acknowledge that fare evasion on long-distance public transport could remain a criminal offense. According to research conducted by the noz, in 2024, every eighth report concerning unauthorized travel on long-distance transport was related to fare evasion.