Definition and Terminology: Fare Dodger
Als Fare dodger is the colloquial German term for a person who uses public transport without a valid ticket. The term is not official and does not appear in statutory language, but it is commonly used in everyday speech. The correct legal term for fare dodging is “obtaining services by deception” in accordance with § 265a of the German Criminal Code (StGB).
Legal Basis of Fare Dodging
Criminal Law Classification (§ 265a StGB)
Das Obtaining Services by Deception is regulated in German criminal law under § 265a StGB. It states:“Anyone who fraudulently obtains transportation by a means of transport … without paying the fare, shall be punished with imprisonment of up to one year or with a fine.”The legal element of “obtaining services by deception” covers behaviors whereby an offender gains access to transportation by circumventing controls or through deception, without purchasing a ticket.
Legal Elements
- Objective Element:
This concerns transportation by means of transport (e.g., bus, tram, subway, train). The fare must be evaded, often by boarding without a ticket or by not paying for the announced destination.
- Subjective Element:
The act must be committed intentionally. An accident or mistake generally does not fulfill the criminal requirements.
- Actus Reus (Act of Commission):
“Obtaining services by deception” does not require explicit deception; merely using transport without a valid ticket is sufficient to meet the legal requirements.
Penalty
The punishment is usually between a fine and imprisonment for up to one year. In individual cases, dismissal of the proceedings or the offer of a “shortcut procedure” by the transport company is also possible.
Attempt
Attempting to obtain services by deception is also punishable under § 265a StGB.
Administrative Offenses Aspects
In addition to criminal liability, a first-time ride without a ticket is regularly considered a fare evasion under the transport companies’ terms and conditions. Here, the civil aspect comes into play: the increased fare (commonly known as a “penalty ticket” or “surcharge”) applies.
Civil Law Consequences
Increased Fare
Transport companies generally charge an increased fare (§ 9 Passenger Transportation Act – PBefG). Currently, this is usually 60 euros (as of 2024).
Legal Basis for Claims
The obligation to pay arises from the relevant conditions of carriage, which are part of the transport contract as general terms and conditions.
Assertion and Limitation
The increased fare is a monetary claim subject to civil-law limitation. The regular limitation period is three years in accordance with § 195 of the German Civil Code (BGB).
Contractual Effects
Anyone boarding without a ticket enters into a contract of carriage with the transport company under general terms. Traveling without a ticket constitutes a breach of contractual obligations and may give rise to claims for damages.
Peculiarities in Criminal Procedure
Reporting and Criminal Complaint
Journeys without a valid ticket are usually detected and reported by security staff or inspectors. Criminal prosecution is often carried out by private or municipal transport companies.
Repeat Offenses
Bei Repeat offenders or repeated fare evasion are regularly subject to multiple reports, which can lead to indictment, conviction, and in some cases imprisonment, especially if the fine cannot be collected.
Social and Resocialization Aspects
Criticism and Reform Considerations
The criminal prosecution of fare dodgers is considered by some in legal and social discussions to be partly disproportionate. In particular, it is criticized that there is a disproportion between the minor nature of the offense and the potential criminal consequences, up to and including imprisonment. Reform proposals range from the complete decriminalization of fare evasion to more intensive social-law assistance for those affected, especially persons lacking sufficient means.
Prevention Measures and Special Regulations
Prevention
Cities, municipalities, and transport associations are increasingly relying on prevention programs und social tariffs to reduce fare evasion, for example, through discounted social tickets or awareness campaigns.
Minor Offenses and Low Value
Individual cases may be regarded by the public prosecutor as so-called minor offenses or offenses of low value, and proceedings may be discontinued according to §§ 153, 153a of the Code of Criminal Procedure (StPO) subject to conditions.
Other Legal Consequences
Public Data Registers
A conviction for obtaining services by deception may be entered in the certificate of conduct in the case of repeat offenders, this can have consequences in the event of subsequent criminal offenses or when applying for public service positions.
Possible Substitute Imprisonment
If a fine is not paid, the so-called substitute imprisonmentmay be imposed under § 43 StGB, where each daily rate corresponds to a day of imprisonment.
Legal Developments and Recent Trends
Legislative Changes and Initiatives
There are ongoing political and legal debates about the decriminalization of fare evasion. Various federal states and interest groups are calling for it to be downgraded to a simple administrative offense or for alternative sanction mechanisms.
Literature and Further Information
- German Criminal Code (StGB), § 265a Obtaining Services by Deception
- Passenger Transportation Act (PBefG), § 9 Increased Fare
- German Civil Code (BGB), § 195 Limitation Period
- Case Law: Federal Court of Justice (BGH) on the interpretation of “obtaining services by deception”
- Statements from transport companies and social associations on reform proposals
Conclusion: Fare dodging is legally classified as obtaining services by deception and is relevant under both criminal and civil law. The consequences for those affected can be significant, ranging from increased fares to fines and even imprisonment. The social and legal policy debate about appropriate sanctions is ongoing and will influence the future development of the legal framework.
Frequently Asked Questions
What are the legal consequences of being caught as a fare dodger?
Anyone caught fare dodging—using public transport without a valid ticket—commits the offense of obtaining services by deception under § 265a of the Criminal Code (StGB). This can be punished by a fine or, in serious cases, imprisonment for up to one year. In addition, an increased fare penalty (“penalty ticket”) is usually imposed, typically ranging from 60 to 120 euros, depending on the transport company and region. In the event of repeated fare evasion or providing false personal information, the prosecuting authority may initiate criminal proceedings. Multiple repeat offenders are often indicted and face court proceedings. Note that, alongside criminal consequences, there is also a civil law aspect: the transport company may claim damages for the unlawful use of its service.
Is a report always filed immediately for fare evasion?
Whether a criminal complaint is always filed depends on the individual case and the respective guidelines of the transport company. In practice, for a first offense, only the increased fare is usually charged and no report is filed, as long as the passenger provides correct identification and pays. In cases of repeated violations or suspected intent—for example, use of forged tickets or providing false personal details—transport companies are obliged to file a report. In some municipalities, the “two strikes, one complaint” rule applies, meaning that upon the second offense, a criminal complaint is mandatory.
How must inspection staff behave legally when identifying a fare dodger?
Inspection staff, also known as ticket inspectors, have neither police powers nor property rights, but may ask to see identification to ascertain personal details and request the increased fare. They are required to handle fare evasion objectively and without violence. If the passenger refuses to provide identification, they may call the police, who then have the authority to determine personal details. Physical restraint, detention, or search by inspection staff is not legally permitted and is reserved for the police. Inspectors must be able to prove their authority with an official identification card.
What legal options are available to those affected to contest an imposed penalty?
Affected persons may object to the increased fare demand with the transport company if, for example, they can prove they possessed a valid ticket that was defective or unreadable. This should be done promptly and ideally with supporting documents. An objection to a penalty order for obtaining services by deception can be lodged in writing within two weeks of delivery. The matter will then proceed to court, where the accused may defend themselves. Legal advice is especially recommended if a court hearing is imminent or when the allegation is not justified.
What role does negligence or “accidental” fare evasion play in law?
Criminal law distinguishes between intentional and negligent conduct. The offense under § 265a StGB generally requires intent. Someone who mistakenly purchases the wrong ticket or forgets to bring their season ticket does not necessarily act intentionally. However, in cases of gross negligence (e.g., known expiration of a ticket and failure to renew), at least an administrative offense may still apply. Many transport companies, especially for season ticket holders, allow a grace period during which the increased fare can be reduced to a processing fee if the ticket is presented later.
Are entries for fare evasion included in the certificate of conduct?
Whether a conviction for fare evasion is entered in the certificate of conduct depends on the sentence imposed. Fines of up to 90 daily rates generally do not appear in the standard certificate, but do appear in the so-called extended certificate of conduct or in the Federal Central Register. Repeated or significantly more serious offenses, however, may lead to an entry even in the standard certificate, which can impact certain professions or residency status.
Is fare evasion also a criminal offense if you forget your monthly pass or the machine is defective?
Simply forgetting a valid ticket or a machine malfunction is not automatically considered fare evasion, provided the passenger can prove they had a valid ticket or have demonstrably done everything reasonable to obtain one (e.g., immediate notification to staff). Many transport companies allow for tickets to be presented later or for a machine fault to be reported. If no proof is provided, however, the same legal consequences as for intentional fare evasion apply.
