Substitute prison sentences: Punitive state fights the poor

dossier

“Against the background of global capitalism with its social disintegration processes, there are now hardly any social problems left that politicians respond to by tightening criminal law. (…) It is no coincidence that poor people are punished more harshly than rich people and receive draconian punishments for petty crimes. If you put state punishment in the context of social inequalities, it quickly becomes clear that the greater the income differences in society, the higher a state's prison rates are. (…) The enormous force with which the state punishes is particularly evident in the following offenses and atonement measures: Fare evasion and violations of the Narcotics Act are classic poverty crimes and must be punished with substitute prison sentences. (…) The alternative to the punitive, authoritarian state must be about a policy that is directed against social exclusion in all areas…”Contribution from December 11, 2018 at the Dortmund Trade Union Forum . See criticism and demands:

• Driving without a ticket: Two thirds in Berlin for decriminalization - across all party and income boundaries
  “Driving without a ticket has been a criminal offense in Germany since 1935. A clear majority in Germany wants to change that, shows a new representative survey. The House of Representatives election in Berlin could bring a new wind into the debate.
  Since 1935, driving without a ticket has been prosecuted as a criminal offense in Germany with exceptional severity. 9,000 people go to prison every year because they took a bus or train without a ticket and cannot pay the fine.
  That has to change – says a large part of the population in Berlin, like onenew representative survey from Pollytix on behalf of the Open Knowledge Foundation. 71% of people want the state to lobby the federal government to decriminalize driving without a ticket. There is overwhelming support across all party and income lines. Supporters from the Greens to the SPD and CDU to the AfD are up to 85% in favor of removing driving without a ticket from the criminal code.
  The majority of all parties are calling for criminal charges not to be filed
  However, Berlin does not have to wait for federal politics to change something:Already 14 German citieshave decided not to file criminal charges in their transport companies. In Cologne, Halle and Wiesbaden, among others, people without a ticket still have to pay the increased transport fee of 60 euros. However, they no longer have to fear additional criminal charges and thus a possible substitute prison sentence…”Contribution by Arne Semsrott from September 14, 2026 at FragDenStaat.de (“Two thirds for decriminalization”)
• App warns of ticket controls in Berlin: BVG criticizes the “FreiFahren” application as lacking solidarity
  “With the “FreiFahren” app, users in Berlin’s local transport can warn about ticket checks. According to the developer, tens of thousands are taking part. Have fewer people been caught without a ticket since then?
  Anyone with the app “FreeDrive“Warning other passengers on Berlin's local transport about ticket checks is, from the perspective of the Berliner Verkehrsbetriebe (BVG), acting in a lack of solidarity. (…)For some time now, passengers have been able to use the “FreiFahren” app to report if they encounter ticket inspectors on a specific route at a specific time. If you are traveling without a ticket, you can avoid this line. According to app developer Johan Trieloff, the program has around 40,000 regular users.
  App developer wants to support
  The idea came about after he read about the thousands of people who are in a German prison every year because they took local transport without a ticket, he told the “taz”. “These are mostly people who live in very precarious circumstances and in whose lives a lot has gone wrong.” The state should actually help them. “Instead, he is establishing a control regime in mass transit that actively hunts them,” Trieloff said…”dpa report from August 7th, 2026 in the Tagesspiegel online , see also:
  • “FreiFahren” app for public transport users: “This control regime made me very emotionally upset”
    “Johan Trieloff has developed a “speed camera app” for checking public transport. He explains how it works and why he has no ethical concerns…”Interview by Claudius Prößer from August 4th, 2026 in the taz online to:
  • FreiFahren e.V. in Berlin: The speed camera app for public transport.
    “FreiFahren connects Berlin public transport users into a community of solidarity: control reports in real time, mutual protection and the conviction that free travel should not be a privilege…”Homepage for the app
• The free riders: Salome Krug and Kijell Winter deliberately travel by train through Germany without a ticket - in protest against the criminalization of poverty 
  "Salome Krug and Kjell Winter board the ICE at the front. "So we are either checked at the very beginning or not at all," explains Krug. She is used to trains, knows when and where there are usually checkpoints and which trains she should avoid. The ICE from Berlin Central Station to Amsterdam is one of the few with a bicycle compartment, so Krug and Winter stand on the edge and wait. “I travel without a ticket – I only sit down when everyone else has found a seat,” says the 39-year-old. When the pushing past each other and putting away bags has subsided and everyone is seated, Krug – slim, with a pigtail and glasses – walks through the rows and scans the reservation notices if the seats are still free. There is a free seat, she sits down. Winter continues walking and sits on the floor in the anteroom. They chose this train because it doesn't stop in Stendal and Wolfsburg like other ICEs on this route. That means: If they are thrown off the train, it will only be in Hanover. “Being thrown out in Stendal is really stupid,” says Krug. The train station is small, ICE trains rarely stop here - and it is just 44 minutes behind Berlin. It's still a long way from their destination, Osnabrück. From Hanover, however, you can also take the regional train if necessary - with the ICE it takes one hour, 6 minutes. With the Regio just 22 minutes more. Salome Krug and Kjell Winter are so-called action free riders. You travel with Deutsche Bahn without a ticket. On the one hand, because they have little money, travel a lot as activists and ICE tickets are expensive. But above all because they believe that mobility should be possible for everyone. They carry signs clearly visible in front of their upper bodies.Krug's sign reads: "Free transport for everyone! A truly social and ecological transport transition can only succeed with a free, well-developed public transport network." And further: "Zero tariff instead of prison. Punishment doesn't solve any problems, it only creates new misery." Krug believes no one should go to prison for not paying tickets. (…)
  Action Free Riders want to draw attention to this problem. And they are using a loophole in the law to do this. The paragraph on “obtaining benefits by fraud” – introduced by the Nazis in 1935 – requires that someone, according to a 2009 ruling by the Federal Court of Justice, “surround themselves with the appearance” of being a legitimate passenger. So anyone who tries to cheat their way through without a ticket is committing a criminal offense. That's why Salome Krug and Kjell Winter wear the signs in front of their chests. At the top it says: “I don’t have a valid ticket”. They argue that this is not how they “cheat” their way into performance. (…) Krug has been driving without a ticket but with a sign for three to four years – around 50 times in total. It was checked around 40 times and received an additional fare charge. The federal police have never been called. However, after she was found without a ticket several times within a short period of time, the train reported her. Krug therefore had to appear in court in Greifswald in April. That suited her just fine. Because she sees the legal dispute as part of a larger social debate. A trial brings attention: there are protests in front of the court, the press reports. In her case, the Ostsee-Zeitung followed the proceedings closely. The topic is polarizing. (…) For Krug, the decriminalization of driving without a ticket is “a decisive lever in order not to further exclude poor people from buses and trains,” she told the taz.“Nobody should have to be ashamed of being sustainably mobile, even when money is tight.” (…) Less than four weeks after the journey from Berlin to Osnabrück, Winter received a hearing form from the Federal Police in order to comment on the incident. So things could go to court soon for them too.” Report by Johanna Treblin from May 27, 2026 in the taz online 
  • It also says: “…Activists have been pointing out the problem for years. As early as 2004, the Berlin alliance “Right to Mobility – Ride Black” around the politics professor Peter Grottian organized so-called “fare evasion days”. A year later, the left-wing group FelS called for spontaneous “pink ride groups,” recognizable by pink buttons on their jackets. After a long period of silence, the topic came back into the public eye this year: the group “Free ride now” initially distributed flyers in the style of the Berliner Verkehrsgesellschaft (BVG) in Berlin subways in April with the slogan “Driving to work is not a luxury”. A similar action followed on May 27th in several Berlin trams. A QR code on the flyers leads to a Telegram group in which more than 36,000 members are now warning each other about ticket checks…”
• The Federal Minister of Justice wants to finally decriminalize fare evasion (somewhat to ease the burden on the judiciary) - GDL (like the CDU) is concerned about (the job of) ticket inspectors 
  • Bundestag rejects decriminalization of driving without a ticket
    “After a day-long debate about driving without a valid ticket, the Bundestag has now decided: Anyone who drives without a ticket is still committing a crime. (…)
    The Union opposed decriminalization in the Bundestag debate. "Then everyone who behaves lawfully and spends the money on a ticket will feel like they are stupid," said CDU MP Alex Müller. The AfD argued similarly. Your MP Tobias Peterka feared further decriminalization as a result: "I can already see shoplifting wobbling here." The SPD, in turn, emphasized again in the debate its fundamental support for decriminalization and apparently voted against the project out of coalition discipline.
    "Anyone who doesn't have enough money for tickets is anything but a criminal," said left-wing MP Luke Hoß and added, particularly to the SPD: "Make sure that people no longer end up in jail because they have no money." Green MP Helge Limburg criticized the fact that the criminal offense also meant that people ended up in prison if they were unable to pay fines imposed for fare evasion. And even as a mere administrative offense, fare evasion will not go unpunished, as fines will continue to apply…”Report from April 16, 2026 in Zeit online and also:
    • Advance from the Greens and the Left: Bundestag rejects decriminalization of fare evasion
      “The Bundestag has rejected bills from the Greens and the Left Party to decriminalize fare evasion.The Union, SPD and AfD voted against it. The draft laws stipulated that riding on buses and trains without a ticket would no longer be prosecuted as a criminal offense.Federal Justice Minister Hubig from the SPD recently emphasized that, in her opinion, there were good reasons for decriminalization. The procedures would tie up a lot of resources in the justice system that could be used more sensibly. The Union argues, however, that more people are fare evading and as a result ticket prices have to be increased.”Message on April 16, 2026 on Deutschlandfunk 
  • RAV: Driving without a ticket must not lead to prison! Paragraph 265a of the Criminal Code must be deleted without replacement
    “On the criminalization of poverty through criminal sanctions for fraudulently obtaining benefits: The Republican Lawyers' Association (RAV) supports the current initiative by Federal Justice Minister Hubig and calls on the legislature to finally delete Section 265a StGB - the criminal offense of fraudulently obtaining benefits - from the Criminal Code without replacement. The norm is wrong in terms of legal policy, socially discriminatory and causes disproportionate effort for the criminal justice system. The practical experiences of our members from the “Speedy Court” project at the Tiergarten District Court in Berlin prove: This paragraph is an instrument for criminalizing poverty – and not a means for maintaining legal peace. (…) The RAV calls on the Legal Affairs Committee of the German Bundestag to immediately initiate the deletion of Section 265a of the Criminal Code without any substitute offense. At the same time, we continue to work with our “Speedy Court” project to ensure that those affected are given a fair chance in the proceedings until then.”Statement from April 15, 2026 at RAV 
  • [BAG Housing Aid] Poverty is not a crime: Decriminalize fare evasion, create inexpensive and non-discriminatory public transport options
    "If you don't have the money for a ticket in Germany, in the worst case scenario you risk going to prison. (...) For many homeless people, local public transport is essential: they have to travel long distances every day, for example to advice centers, authorities, medical care or accommodation. At the same time, even discounted tickets are unaffordable for many. The result: out of sheer necessity, people take the risk of traveling without a ticket. What is a trivial offense for many quickly becomes an existential threat for them. After According to the current legal situation, so-called “transport fraud” results in fines and, if these cannot be paid, in lieu of imprisonment. Poor people in particular are imprisoned. The BAG W estimates that more than 1,000 homeless people serve substitute prison sentences every year for driving without a ticket. For people, this means additional social exclusion, stigmatization and a further deterioration in their living situation. (…)
    The BAG W supports the initiative of Federal Justice Minister Stefanie Hubig to reassess the criminal liability of driving without a ticket: "The current regulation criminalizes people in existential distress - but anyone who drives without a ticket out of financial desperation is not acting out of malice, but out of the will to survive. Poverty is not a crime," says Sabine Bösing, Managing Director of BAG W.
    However, simply downgrading the offense to an administrative offense falls short. What is needed is real decriminalization that prevents destitute people from being imprisoned as part of compulsory detention. In addition, sustainable social solutions are needed. It is crucial to create long-term, cost-effective and non-discriminatory public transport options and to provide targeted support for low-income and homeless people. The great success of the 9 euro ticket has shown how effective simple and affordable mobility solutions can be.” Press release from BAG Wohnungshilfe e.V. from April 13, 2026 , see also:
    • Dossier:“Free” local transport, or: the question of how tax money is spent. Instead of poison cars.
    • Dossier:Nine-euro ticket in local public transport: the first step to free fares?
  • Decriminalization of fare evasion: Traveling on the subway must become cheaper
    “If public transport weren't so expensive, fewer people would travel without a ticket. Why doesn't what other countries have long been doing in Germany?
    A single ticket in Berlin now costs 4 euros. Yes, you read that right: 4 euros! It doesn't matter whether you take the subway or S-Bahn, bus or tram. If you only travel four stations, one station by train costs one euro. They must be crazy, the BVG! The really smart ones will probably come back with their standard argument: If you buy a four-passenger ticket, a monthly ticket or the Germany ticket, it will be cheaper. True, but if you don't need any of it, it's expensive. Way too expensive! It's no wonder that people (not just those who are financially weaker) make fare evasion their personal challenge: They look for the inspectors on the platform, and the experts among the ticketless passengers quickly recognize the inspectors. (…) If the single ticket wasn't overpriced, there would be fewer fare evaders - at least among the not entirely poor, for sure! Even in New York you pay $2.50 for the subway, in Luxembourg, Malta, the Estonian capital Tallinn and the French town of Dunkerque you travel for free. In Melbourne, Australia, the tram in the city center costs nothing. As a result, car traffic in Melbourne has reduced, but public transport use has doubled. Why doesn't this work in Berlin and other major German cities? At least they are trying in Monheim, Erlangen and Augsburg. In Tübingen people travel for free on Saturdays. If free, or at least cheap, public transport were to become established nationwide, the country would save itself all the lawsuits against and prison costs for fare evaders. And the debates about it anyway.” Comment by Simone Schmollack from April 11, 2026 in the taz online , see also the dossier:“Free” local transport, or: the question of how tax money is spent. Instead of poison cars.
  • Statement on Ministry of Justice plans: GDL warns against decriminalization of fare evasion - “Dangerous signal for safety in the rail system”
    “…Downgrading “obtaining services by fraud” to an administrative offense would further aggravate the security situation in rail operations, explained the GDL. In doing so, she joins the criticism from the federal police, who warn against a development towards a “petty offence”.GDL federal chairman Mario Reiß emphasizes: "Anyone who decriminalizes fare evasion sends a fatal signal. For employees, this means more conflicts, more aggression and increasing danger in everyday work."
    The GDL also contradicts the assumption that decriminalization can defuse conflicts. "The idea that less threat of punishment automatically leads to fewer conflicts is simply unrealistic. Conflicts do not arise because of the criminal law classification, but because rules have to be enforced. If these become less binding, acceptance does not increase, but rather the willingness to disregard them," says Reiß. (…)
     Without a clear criminal law classification, there is no significant signal about the binding nature of the transport rules. Especially in conflict-prone situations, this could lead to controls being less accepted and disputes escalating more often. “Anyone who believes that conflicts can be avoided by weakening the rule is shifting the problem to the employees on site,” says Reiß. (…) At the same time, the GDL sees the debate in direct connection with the tense security situation in the railway system. "We have been discussing increasing levels of violence and the protection of our colleagues for months - and at the same time we are thinking about legally relativizing a central source of conflict. That doesn't fit together," said Reiß.  The GDL calls on politicians to take full account of the security implications of the planned changes and to consistently strengthen the enforcement of rules in public transport.”GDL press release from April 7, 2026 
  • See the dossier for background informationIncreasing attacks require, among other things, retreat spaces for train crewsand:
  • Federal Justice Minister Hubig says fare evasion should be decriminalized
    “Anyone caught driving without a ticket and unable to pay the fine has previously risked ending up in prison. Federal Justice Minister Hubig is considering a change. “Obviously obtaining benefits” should be reassessed under criminal law. (…) “The procedures tie up a lot of resources in the judiciary that could be used more sensibly elsewhere,” said the minister. The black-red coalition has agreed on modern criminal law, and the punishability of fare evasion must be “reassessed,” said Hubig.
    Lawyers’ association calls for “real decriminalization”
    The German Lawyers' Association (DAV) believes this is overdue. The social benefit of criminal liability is doubtful, but the damage to the general public is high, said Swen Walentowski, head of political communication and media at the DAV, also in the NOZ. The procedures and prison sentences for traveling without a ticket cost taxpayers around 200 million euros a year, according to Walentowski. A downgrade to a misdemeanor would not be enough; real decriminalization is needed, said Walentowski: "Otherwise, the substitute prison sentence would no longer apply, but those affected could still end up in prison as part of compulsory detention." (…)
    Just because fare evasion is a criminal offense, ticket inspectors are now allowed to detain a suspicious person until the police are on site. "Since controls would no longer make sense without criminal law, there would of course be many more passengers without tickets. To compensate for this, the fares for everyone else would have to rise significantly," said Krings [deputy chairman of the Union parliamentary group in the Bundestag]. This had already been discussed in detail in the coalition negotiations between the Union and the SPD and the topic was then discarded.”Report from April 7th, 2026 on tagesschau.de 
• Half of the people caught without a ticket in Berlin and fined go to prison. Most are poor and homeless
  "In Berlin, far more people go to prison for driving without a ticket than previously assumed. This is the result of a study published on Monday by the University of Cologne. Across all offenses, around a third of the people who were sentenced to a fine go to prison to serve a substitute prison sentence. When driving without a ticket, the figure is even 50 percent. Previously, estimates were that only one in seven people would go to prison for it, i.e. just under 14 percent. (...) On average, people should go to prison for driving without a ticket The average daily rate for all offenses was 22.30 euros. “This suggests that the people who are convicted of this offense are poorer,” the authors write in the study. “People don’t buy a ticket because they don’t have any money,” adds Bögelein when asked by taz, “many live in extremely precarious conditions, have been unemployed for a long time and many are even homeless, many have to do with addiction issues.” So they have no choice but to go to prison because of a fine. (…) In response to a taz request, Lehmann now called for driving without a ticket to be decriminalized. He could also imagine a better offer for social tickets or even ticket-free use of public transport in Berlin. Initiatives such as the Freedom Fund, which have been campaigning against the practice of substitute prison sentences for years, are calling for crimes such as driving without a ticket to be completely decriminalized...” Article by Johanna Treblin from March 31, 2026 in the taz online (“More cases of “driving without a ticket” than expected”), see also:
  • Substitute prison sentences: Often jail for driving without a ticket
    “Half of the people who are fined for driving without a ticket in Berlin are unable to pay their fine and end up in prison. That's significantly more people than previously thought.
    Anyone who takes a bus or train without a ticket is committing a criminal offense in Germany and risks a fine. The basis is Section 265a of the Criminal Code “Obviously obtaining benefits”. A study published this week by the Berlin prison system shows: At least in the capital, half of those convicted (50.9 percent) cannot pay the fine and therefore have to serve at least part of it in prison. In the years 2022 and 2023 examined, 6,192 people in Berlin were sentenced to a fine for driving without a ticket. In 3,149 cases, those convicted served a substitute prison sentence. That's significantly more people than previously thought.
    There is no systematic recording of the proportion of substitute prison sentences for people convicted of driving without a ticket in Germany. Previous scientific surveys, for example from North Rhine-Westphalia, assumed that around one in seven convicts served a substitute prison sentence. For the new study, Nicole Bögelein and Jana Meier from the Institute for Criminology at the University of Cologne analyzed all completed Berlin fine cases from the two years as well as public prosecutor's files. They also conducted interviews, including with those affected and judicial employees.
    Scientists suggest measures
    The scientists' conclusion is clear: "The current form of enforcing substitute prison sentences leads people who live in poverty and disadvantage to prison significantly more often." As a recommendation for action to politicians, they point to many German cities that no longer report driving without a ticket. In addition, states could work at the federal level to remove the punishment for driving without a ticket from the criminal code. In the short term, free tickets could be given to people who have already been found without a ticket and who live in homelessness or other stressful situations…”  Article by Lukas Gilbert from April 2, 2026 from issue 398 of Hinz&Kunzt
• Criminalization of poverty as a social process of marginalization and dispossession
  "Courts criminalize poverty by punishing masses of people for petty crimes that are closely linked to their systematically restricted access to resources - including driving without a ticket and theft of necessary items such as food and clothing. Judges show little understanding for the structural circumstances and financial hardship of those affected, instead placing both full legal and moral responsibility for criminalized survival strategies on them. This continues the systematic dispossession of those affected by them Immigrant and racialized groups are particularly vulnerable to this social process of marginalization and dispossession.
  For example, when legal regulations prevent people from obtaining a work permit (as is often the case for asylum seekers), those affected often have no choice but to resort to criminalized employment methods such as selling drugs in order to secure their livelihood. The recent reforms of the Asylum Seekers Benefits Act also introduced the so-called payment card, which ensures that asylum seekers only have €50 in cash per month, which makes it impossible for them, for example, to pay legal fees. More generally, racialization affects the distribution of material resources on a global level, which is also reflected on a local level: New research empirically shows that racially marked people in Germany are more likely to be affected by poverty than non-racially marked people. The criminalization of poverty is not only related to racism, but also to gender: FLINTA* are more likely to be affected by poverty than men. Experts have therefore been talking about the “feminization of poverty” for decades. So we see how interlocking systems of social domination – including racism, patriarchy and capitalism, but also ableism – influence who is criminalized for poverty-related offenses. (…)
  As numerous social and political scientists have made clear, criminalization and punishment under neoliberal capitalism fulfill important functions of state regulation, as they serve as a response to social insecurity and as a means of crisis management. Punishment offers a seemingly simple (and relatively cheap) backstop for controlling and disciplining the growing number of socially and economically marginalized populations in an increasingly stratified system. (…)
  In addition, as a result of the Hartz reforms, the German social system took a turn towards punishment and sanctions, which has become further entrenched in the new system of citizens' money, as organizations such as Sanktionsfrei repeatedly emphasize. In this context, it is all the more important to recognize that criminal courts in Germany routinely punish people affected by poverty for their survival strategies. This is the result of an interconnected system that primarily isolates, dispossesses, expels, monitors, polices and punishes those who do not produce significant value to the system and are therefore structurally redundant. Process observation as a strategy serves to uncover this system, counteract isolation and build power in order to defend ourselves against it in an organized manner. Post from January 2026 by and at RacismOnTrial.org(“Criminalization of Poverty”) – Racism on Trial is a campaign initiated by Justice Collective that highlights and resists racism in the German penal system.
• Abolish paragraph 265a: A bill to decriminalize ticketless driving has been introduced in the Bundestag
  “Kamila W. was in jail because she didn't have a ticket. The left-wing MP Luke Hoß bought her out. A bill on this will come on Thursday. (…)  
  Paragraph 265a of the Criminal Code, introduced by the Nazis in 1935, allows so-called alternative prison sentences of up to one year for minor crimes such as driving without a ticket. The Left is calling for the paragraph to be deleted without replacement. On Thursday, the party plans to introduce its bill to decriminalize ticketless driving in the Bundestag. (…)
  “The imprisonments often result in a tail of impoverishment,” says Leonard Ihßen, spokesman for the Freedom Fund. According to its own information, the initiative has bought out around 1,500 inmates since 2021 for almost 1.3 million euros. "People sometimes lose their apartment, their sleeping place in the home or their job because of their imprisonment. The suicide rate in prisons is highest in the days between Christmas and New Year. That's why it's so important that we get a particularly large number of people out before then," says Ihßen.”Article by Franziska Schindler from November 12th, 2025 in the taz online (“But those are tears of happiness”) – see thatBill 
• September 1, 2025 is Freedom Day! Freedom Fund is calling for donations for the largest prisoner liberation in German history
  “Join us for the 14th Freedom Day!September 1, 2025 is Freedom Day! This day is historic: Exactly 90 years ago - on September 1, 1935 - the law was introduced that to this day puts people in prison for missing tickets on buses and trains. On Freedom Day, we are simultaneously freeing as many people as possible nationwide who are in prison for driving without a ticket. It is the largest prisoner liberation in German history…”All information on freiheitsfonds.de 
• Over 220 euros per day and increasing prison numbers: The justice ministries are willing to pay for the harassment - only 3 countries want to abolish driving without a ticket
  “Every year tens of thousands of people in Germany serve a substitute prison sentence because they cannot pay a fine. Reforms have often been discussed - but according to a report, the federal states want to stick to them for the time being. Despite criticism of substitute prison sentences, the justice ministries of all 16 federal states generally want to stick to them. This was the result of a survey by the Editorial Network Germany (RND). (…) 
  Several countries are therefore striving for reforms. Hamburg's Justice Senator Anna Gallina (Greens) said: "People in a precarious life situation are often affected by substitute prison sentences because they cannot pay their fines." This criminalizes poverty.  It is also in society's security interest that resources in the penal system are used for the rehabilitation of those who have been sentenced to prison for serious crimes. NRW Justice Minister Benjamin Limbach (Greens) called a draft law to abolish criminal liability for driving without a ticket overdue. “Every day saved from a substitute prison sentence is a benefit for the country, the people affected and the taxpayer,” said Limbach. (…)
  Every year more than 40,000 people serve a substitute prison sentence. That corresponds to around ten percent of all prisoners. However, the numbers vary greatly between the federal states. According to the German Bar Association (DAV), 28 percent of all prison inmates in Berlin had never been sentenced to prison in 2022. The offenses on which the fines are based are often not serious, such as repeated fare evasion. According to the DAV, one day of imprisonment in Berlin costs the state treasury more than 220 euros. Due to the high number of substitute prison sentences, millions have been raised in recent years.”Report from August 24th, 2025 in tagesschau.de (“Federal states are sticking to a substitute prison sentence”) – Bremen, Hamburg and North Rhine-Westphalia want to at least remove driving without a ticket from criminal law
• Substitute custodial sentences: dough instead of a file. The Freedom Fund buys poor people out of prison - and is supported by correctional facility employees
  “…In Germany the legal situation is this: Anyone who parks their car incorrectly and is caught doing so will receive a ticket. Anyone who takes the train without a ticket and is checked will also receive one. In contrast to illegal parking, fare dodgers do not commit an administrative offense, but rather a criminal offense for which they can face imprisonment. The basis for this is Section 265a of the Criminal Code, the so-called fraudulent provision of benefits - a legacy from the National Socialist era. This carries a penalty of up to one year in prison or a fine. (…)
  "A person travels three times without a ticket - that's the rule of thumb - then the transport company reports it," explains Leonard Ihßen from the Freedom Fund to "nd". »The public prosecutor's office then investigates and legal officers are involved in the case. Then the person gets a fine that he cannot pay because he is poor. That's only logical, after all she couldn't pay for the ticket. Then the police investigate, look for the person and put them, for example, in the Plötzensee prison. And when the person is in the correctional facility, a judicial officer writes us - an association financed by donations - an application and says: 'Please can you buy this person out?'," the activist describes the typical process: "A cascade." There is a huge amount of bureaucracy behind the criminal prosecution of driving without a ticket.
  Anyone who cannot pay the fine or cannot work due to homelessness or addiction must serve a substitute prison sentence - usually for several months. The substitute prison sentence is now the most common form of prison sentence in Germany. According to the transparency platform FragDenStaat, a day in prison costs taxpayers between 98 and 188 euros, depending on the federal state. (…)
  »Not enough on your bank card? Jail. Enough on the cash card? “No prison,” says Leonard Ihßen, summarizing the principle. He also talks about the cash card as the best instrument for freeing prisoners instead of the file - and about the key function that employees play in the justice system. “Most requests to buy one’s freedom come from correctional officers,” says Ihßen. Some acted out of solidarity, others more to relieve the burden on the prison and create free prison places. If it is not the officers themselves who turn to the Freedom Fund, the inquiries come from social workers from the prison (…)
  Some reject the offer because they expect homelessness outside of prison. Social workers see the criminalization of driving without a ticket as a policy that punishes the poor. “The state takes over tasks from companies,” says Schmidt.
  Political progress on a small scale
  But something is moving in the question. 13 cities in the Federal Republic have decided to no longer report repeated driving without a ticket. Most recently, the Bonn city council decided in February to waive criminal charges in these cases in the future. In addition, no further fine proceedings should be initiated if the so-called evasion of transport is downgraded to an administrative offense. Instead of a downgrade, the Freedom Fund is calling for the paragraph to be deleted without replacement…”Article by Jule Meier from April 25, 2025 in ND online , seehttps://freiheitsfonds.de/
• Public transport: Leipzig no longer wants to report fare dodgers
  “Anyone caught on a bus or train without a ticket must pay a fine of 60 euros. If this doesn't happen, in the worst case scenario you could face a prison sentence - but only if a criminal complaint has been filed with the police. In Leipzig, the city council has now decided that the transport companies should refrain from such advertisements so that those affected do not face prison sentences. So has the council issued a free ticket to fare evaders? Even if fare evaders soon avoid being reported, the fine of 60 euros remains. The overloaded courts should no longer have to deal with fare evaders. Other cities draw a positive conclusion - for example Halle an der Saale…”Contribution by Marius Rudolph from March 21, 2025 on MDR 
• On the 11th Freedom Day, the Freedom Fund ransomed 60 prisoners nationwide - for the first time because a social ticket was not filled out correctly!
  “The Freedom Fund is again buying prisoners free and is pushing for criminal law reform before the election. A woman was imprisoned despite a social ticket.
  Two representatives from the Freedom Fund stand in front of the gates of the Plötzensee Correctional Facility (JVA) with a silver suitcase full of money. It's 9 a.m. on Tuesday, and Leonard Ihßen and Vivian Kube are about to take 3,400 euros out of their suitcase at the prison's payment office and use it to buy the freedom of six prisoners. Everyone is imprisoned for driving without a ticket on public transport: Mr. K., for example, received a substitute prison sentence of 217 days because he could not pay his fine, explains Ihßen. “Because we get him out, he won’t lose his apartment.” This often happens with penalties of over 6 months because the social welfare office only covers the rent for that long. For the eleventh time, the Freedom Fund is buying prisoners who are in prison for “fare evasion” – today there are 60 nationwide. (…)
  With the buyout campaign on this day, the campaign wants to draw attention to the fact that the time window for the traffic light's planned change to criminal law is closing on Wednesday. A completed draft law that would reduce Section 265a to an administrative offense has been available since October, explains Kube. “It is incomprehensible why it has not yet been adopted.” (…)
  The case of Susanne Deuerling from Spandau illustrates what such a punishment means for those affected. The 55-year-old was ransomed in November. As she tells the taz, she received an “increased transport fee” of 60 euros because she had not filled out her social ticket correctly. As a citizen's benefit recipient, she is entitled to the discounted ticket for 9 euros per month. However, according to her own statement, she had forgotten to write the “BG number”, the number of her citizen’s benefit notice, on the ticket. She is not alone with this problem: Since the abolition of the Berlin Pass two years ago, there has been a lot of confusion about how people can identify themselves as those entitled to the social ticket and there have been thousands of fine notices as a result. The BVG says that it will only apply for a penalty order, i.e. a fine, if someone is caught driving while evading three times within a year. However, Deuerling claims that it has never received a 60 euro fine before. It is the first known case in which someone went to prison because of an incorrectly filled out welfare ticket…”Article by Susanne Memarnia from January 28th, 2025 in the taz online (“Decriminalize driving without a ticket: 217 days in prison for “fare evasion”)
  • The 12th Freedom Day is on March 11, 2025, seehttps://freiheitsfonds.de/
• [Driving without a ticket] Join the prisoner liberation on the 11th Freedom Day on January 28, 2025 
  “January 28, 2025 is Freedom Day again! On a single day, we will free as many people as possible across the country who are in prison for driving without a ticket. The largest prisoner liberation in German history…”Action by and at Freedom Fund 
• Fare evasion: German lawyers' association calls for complete decriminalization: The judiciary is not a debt collection agency! Criminal liability can cost livelihoods
  • Driving without a ticket: The judiciary is not a debt collection agency! Transport associations misunderstand the purpose of criminal law
    “A draft law to decriminalize fraudulent transport has been a long time coming since November. Now transport associations are resisting the necessary reform. The German Lawyers' Association (DAV) is pushing for real decriminalization. If the offense were simply downgraded to an administrative offense, those affected would be threatened with compulsory imprisonment instead of a substitute prison sentence - nothing would be gained as a result. “Civil law claims are usually resolved through civil law,” explains lawyer Prof. Dr. Ali B. Norouzi, Deputy Chairman of the Criminal Law Committee of the German Bar Association (DAV). The fact that criminal law is used in the case of evasion of transport can hardly be justified. There is no social benefit, but the social damage is enormous: “The procedures and prison sentences for traveling without a ticket cost taxpayers around 200 million euros a year,” says Norouzi. This is a typical crime of poverty. Those affected are not at all in a position to afford the ticket or the fines, but there is no criminal behavior without attempts at manipulation or deception. The lawyer makes it clear: “Criminal liability does not protect anyone, but puts a strain on the treasury and can cost livelihoods.”
    That's why the Federal Ministry of Justice's plan doesn't go far enough for the DAV. “A downgrade to a misdemeanor is not enough; real decriminalization is needed,” says Prof. Dr. Norouzi. Otherwise, the substitute prison sentence would no longer apply, but those affected could still end up in prison as part of compulsory detention. The civil law options for taking action against fare evaders are completely sufficient…”DAV press release from August 15, 2024 
  • Controversy over fare evasion continues: DAV calls for decriminalization
    "The Federal Minister of Justice has announced that he wants to downgrade fare evasion to a misdemeanor. However, there is currently no corresponding draft. While transport companies are in a storm, the DAV is calling for complete decriminalization. It is in line with many experts. (…)
    Call for complete decriminalization
    Instead of simply being downgraded to a misdemeanor, the DAV is calling for complete decriminalization. Nothing is gained by simply downgrading, the statement says. Every year, around 150,000 reports are received nationwide for driving without a valid ticket. The mass crime is often committed out of financial necessity. If courts impose fines, those affected are often unable to pay them and are placed in alternative custody. This not only puts a strain on the judiciary and administration, but also has no social benefit, according to the DAV: "This is a typical crime of poverty. Those affected are not at all in a position to afford the ticket or the fines," says Norouzi. However, there is no criminal behavior without attempts at manipulation or deception. Using criminal law as a last resort in such cases can hardly be justified. The judiciary is not the debt collection agency of the transport company. With its statement, the DAV repeats a demand that has been made for years - and is therefore in line with many experts. At the beginning of the month, a group of criminologists and university professors wrote an open letter to Minister Buschmann and called for complete decriminalization. Your criticism goes in a similar direction. The crime disproportionately affects poor people and those in precarious living situations. Their route regularly leads to alternative detention because they cannot pay fines.
    A mere downgrade to an administrative offense would not change this situation. Because: In the case of administrative offenses, those affected are threatened with compulsory imprisonment instead of a substitute prison sentence. Nothing would be gained from this, according to the DAV statement. That's why the BMJ's plan doesn't go far enough for the DAV.
  • Transport companies against demotion
    The DAV statement is part of a vehement debate that has broken out over the BMJ proposal in recent days. There is criticism from the transport companies. “The idea of ​​no longer punishing fare evasion does not show respect for our performance and the work of our employees,” said Ingo Wortmann, President of the Association of German Transport Companies, to the Tagesschau. He estimated the damage caused by fare evaders to be around 750 million to around one billion euros per year. “The honest passenger has to put up with rising fares.” The Hamburg transport association was also critical: "Driving without a ticket causes municipalities, transport associations and companies to incur significant losses amounting to millions. In the HVV, this currently amounts to 30 to 40 million euros annually (...) It would be the wrong signal to trivialize driving without a valid ticket," a spokesman told NDR.
    In Saarland there have been even more controls in the past few days. If fare evasion was “just” an administrative offense, “it would be equivalent to a free pass for repeat offenders,” the KVS told Saarländischer Rundfunk.
    Bremen and Mainz no longer show
    In some cities, however, driving without a valid ticket is no longer reported at all. Behind this are instructions from the administration…”Editorial article from August 16, 2024 at beck-aktuell 
• Open letter from 128 scientists for the decriminalization of driving without a ticket: We demand the abolition of Section 265a StGB without replacement!
  “Dear Minister Dr. Bushman,As scientists from a wide range of disciplines, we urge you to keep your promise to reform Section 265a of the Criminal Code as quickly as possible. In this letter we would like to draw your attention to the profound problems of the current legal situation and show how a consistent decriminalization of the so-called fraudulent payment of benefits will relieve the burden on citizens affected by poverty, authorities and the judiciary. The signatories demand a consistent decriminalization of Section 265a StGB. A variety ofArguments speak for it…”Open letter from August 6, 2024 at the University of Cologne
• After Wiesbaden, Mainz is now also decriminalizing fare evasion: a fine instead of a report
  “Mainz follows other cities: fare evasion is no longer a punishable offense, but it is still an administrative offense. Other cities on the Rhine and Main are also following suit. The city of Mainz has decided not to file criminal charges against fare evaders on public transport in the future. This proposal from the Left received the approval of the majority in the Mainz city council in mid-May 2024. (…) In its application, the Left primarily points out that in several other German cities, fare evasion is no longer prosecuted as a criminal offense. It is then only considered an administrative offense. Another fundamental point is that the criminalization of driving without a valid ticket primarily affects people with low incomes. (…) Driving without a valid ticket is also an application offense (Section 265a of the Criminal Code). This means that it is a crime that will only be prosecuted if it is reported and prosecution is requested. According to the Left's point of view, the transport companies can do without this display, as is already done, for example, in Wiesbaden, Cologne, Berlin and some other German cities. This is a step towards a more socially just Mainz, emphasized the Left at the city council meeting on Wednesday (May 15, 2024). However, attacks on inspectors are still punishable. (…)
  The city of Wiesbaden is taking a similar path to Mainz. It has instructed its holding company ESWE Verkehr to “refrain from filing a criminal complaint when using local public transport without a ticket”. The regulations on increased transport fees when driving without a valid ticket remain unaffected, according to a resolution by the Wiesbaden city council. The reason given by the municipality is that reporting driving without a ticket often leads to substitute prison sentences, as poorer people in particular are more likely to drive black and are unable to pay the fines imposed. Ludwigshafen, Frankfurt and Koblenz, however, informed the German Press Agency that repeated driving without a ticket would continue to be reported to them…”Article by Lena Rißmann from May 23, 2024 in inRLP.de (“Far evaders will no longer be reported in Mainz”)
• Düsseldorf stops public transport companies: two train journeys, six months in prison
  “Gisa März was imprisoned for several months because she drove without a ticket. The Düsseldorf city council then decriminalized driving without a ticket. (…)
  From November 2022 to March 2023, the now 57-year-old was imprisoned in the Düsseldorf correctional facility for “evading benefits” – that is, for driving without a ticket. She was even lucky: the criminal code allows for a sentence of up to one year. Paragraph 265a was introduced by the Nazis in 1935. To this day it has not been abolished. The Ministry of Justice recently only halved the period. Almost 90,000 people nationwide are reported every year because they were found without a valid ticket. The people who end up in jail are those who can't afford a ticket. According to taz estimates, this affects almost 2,000 people per year - around 800, like Gisa März, serve a prison sentence. Around 1,100 received a substitute prison sentence - because they cannot pay the so-called increased transport fee. This costs the state 100 to 200 euros per day and person - a total of more than a quarter of a million euros. (…)
  The city council also becomes aware of the issue. In November 2022, he will call on the supervisory board of Rheinbahn AG to stop filing complaints about “evasion of transport”. But the company doesn't implement this. In June 2023, when Gisa März has now been released from prison, the Left, the Greens, the SPD, the FDP and the PARTY climate faction in the city council specify their demands and, against the votes of the CDU and AfD, instruct the Rheinbahn to refrain from filing criminal charges in the future. This time the transport company has to comply.
  Other cities follow the Düsseldorf path
  It is not convinced of this. In response to a taz query, a spokeswoman said: "The Rheinbahn loses an estimated 4 million euros in revenue every year due to passengers without a valid ticket. These costs must be offset by the community through tax money." Ads are intended to act as a deterrent. The transport companies association sees it similarly. He is defending himself against plans by the Federal Ministry of Justice to reclassify evasion of transport from a criminal offense to an administrative offense. (…)
  After Düsseldorf, the Hessian state capital Wiesbaden made the decision in November 2023 to decriminalize driving without a ticket. Münster followed in December. In March, Cologne decided not to pursue criminal charges. Halle followed suit at the beginning of April…”Article by Johanna Treblin from April 9, 2024 in the taz online 
• Administrative offense instead of a criminal offense: No more prison for fare evasion in Cologne - when will the federal government follow suit?
  “ There is no longer a prison sentence for repeated fare evasion in Cologne. The federal government is also planning regulations to decriminalize driving without a ticket. Prison sentences currently mainly affect poor people.
  Going to jail because someone used public transport without a ticket? This may sound surprising to most people, but it affects hundreds of people every year. This is now over in Cologne. In December, the city council decided to no longer file criminal charges if fare evaders were caught. Now it's becoming reality. In the future, a fine of 60 euros will still be due, but no more. "The previous practice was that a report was filed against a person who was noticed three times within a year or four times within two years. However, the last incident must not have been more than three months ago. This is now no longer applicable," says Matthias Pesch, head of corporate communications at the Cologne Transport Authority (KVB). However, there is still the possibility of claiming the increased transport fee of 60 euros through civil law. “We will continue to make use of this option,” said the KVB spokesman. (…) The demand to decriminalize driving without a ticket has been around for a long time. Other cities such as Düsseldorf have already implemented them. The Association of German Transport Companies is skeptical about this. (…) Federal Justice Minister Marco Buschmann also wants to decriminalize driving without a ticket and base the penalties on illegal parking. (…) It is not okay to use a service “that all decent people pay for”. However, the sanction process should be standardized and processing should become less personnel-intensive. Decriminalizing driving without a ticket is part of the planned reform of the criminal code. A concrete draft is currently in the works.According to a survey by infratest dimap, more than two thirds of Germans are in favor of decriminalizing driving without a ticket. The Left and the Greens have been pushing for this for several years.” Contribution by Jens Eberl from March 25, 2024 at tagesschau.de (“No more prison for fare evasion”)
• The conversion standard for a fine into a substitute prison sentence will be halved from February 1, 2024
  “The new version of Section 43 Sentence of the Criminal Code has been in effect since February 1, 2024: "An irrecoverable fine is replaced by a substitute prison sentence. Two daily sentences correspond to one day of substitute prison sentence. ..."This meant that the conversion scale was halved. More in the Bundestag's documentation on the “Law for the Revision of Sanctions Law”. See also the synopsis at buzer.de.The regulation was supposed to come into force on October 1st, 2023, which was then postponed to February 1st, 2024 (see Article 3 No. 2 of the amending law, Federal Law Gazette 2023 No. 218). The postponement came at the request of some federal states that did not see themselves in a position to implement it promptly (see taz.de: Germany's digital incompetence and BT printed matter 20/9019).It is important to know the transitional regulation of Article 316o Paragraph 2 Introductory Law to the Criminal Code (EGStGB): "For the enforcement of fines legally imposed before February 1, 2024, Section 43 of the Criminal Code and Section 11 of the Military Penalty Act apply in the version valid up to this day. Article 313 Paragraph 2 applies accordingly." The new conversion standard therefore depends on the day of the conviction!…”Out ofThomé Newsletter 07/2024 from February 18, 2024 and moreInformation from LAG Schuldnerberatung Hamburg e.V. 
• Alliance to abolish the substitute prison sentence: Prison does not solve social problems - “No” to downgrading to a misdemeanor. “Yes” to full decriminalization.
  “If you want to get from A to B in Germany, you need money. Even with the introduction of the “Deutschlandticket”, not every person in the Federal Republic has the financial means to buy a public transport ticket. After all, the price for such a ticket (€49) is currently exactly one tenth of the total monthly citizen's allowance (€502). Anyone who finds this too much faces severe penalties: transport companies initially charge violators an increased transport fee, which they often cannot pay. In addition, companies in many places are filing criminal complaints with the local authorities. Because, as absurd as it sounds, driving without a ticket is considered in Germany to be a so-called “cheating on benefits” and is therefore, according to Section 265a of the Criminal Code (StGB), a criminal offense that can lead to prison. And that’s what it does – year after year, many thousands of times. If a fine for increased driving without a ticket remains unpaid, the fine is converted into a prison sentence - the so-called substitute prison sentence (EFS) applies. This particularly affects those who did not have enough money for a ticket at the beginning of this process and those who are particularly often targeted by inspectors and security services.
  The absurdity of the criminal offense of “obtaining benefits by fraud” has long been beyond question. Discussed more and more in the media in recent years, it is now met with indignation and rejection across society as a whole. This includes the growing attention to the fact that transport companies subject supposedly homeless people and racialized people to violent checks and often report them. Mobility is the right of everyone - and must no longer be the privilege of those who live economically secure and socially recognized lives. Given the historical poverty rates in Germany, it is no wonder: prisons nationwide are full of people who do not have enough money to regularly buy a public transport ticket and who are at risk of being controlled and harassed due to external characteristics.  That is why § 265a has recently shaped the debate about the reform of substitute prison sentences. (…)One thing is certain for our alliance:
  – Prison does not solve social problems.
  – The federal government has not yet kept its coalition promise to introduce a new punitive policy. In the summer of 2023, it most recently passed up the possibility of abolishing the substitute prison sentence through a half-baked bill. At least the decriminalization of driving without a valid ticket must now be implemented urgently.
  – Driving without a ticket is part of a comprehensive penal system that maintains and reinforces socioeconomic inequality.
  This system includes more than Section 265a. It ranges from racial profiling in public transport and in so-called “crime-prone” places to racist raids against so-called “clan crime” and the criminalization of poverty crimes such as driving without a ticket or food theft, which are punished with disproportionate daily rates and therefore often lead to prison.State punishment therefore hits economically and socially marginalized and racialized people harder and more specifically. (…)Even if the decriminalization of driving without a ticket is long overdue, it must not serve as window dressing to hide the failure of the recently passed “reform” of the substitute prison sentence. Decriminalization can only be effective if it goes to the roots of social and economic problems and is accompanied by the decriminalization of all poverty and migration crimes and the abolition of substitute prison sentences.” Joint statement from the alliance of December 6, 2023 to the Committee for Fundamental Rights and Democracy on the draft law “Impunity for obtaining benefits by fraud” (driving without a valid ticket)
• Government IT failures must not be at the expense of prisoners: Alliance to abolish substitute prison sentences calls for a stop to enforcement, a collective pardon and clarification 
  “As various media recently reported (including LTO, SZ, taz and nd, after theBAG-S pointed out), the halving of the substitute prison sentence, which the Bundestag decided at the end of June and set for October 1st, is to be postponed by four months. The reason for this is: An association of nine federal states under the leadership of Bavaria is failing to adapt their IT systems in a timely manner.The fact that in the future one day of prison sentence will be worth two daily rates of a fine (instead of one daily rate as before) is supposedly an insurmountable hurdle for the web.sta software used by Baden-Württemberg, Bavaria, Bremen, Lower Saxony, Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt and Thuringia. The Bundestag then introduced an adjustment to the law on substitute imprisonment on August 18thTraffic Statistics Act – Deferral through the back door.In this case, those responsible in the federal and state governments are acting brazenly, irresponsibly and inhumanely: Instead of taking responsibility and paying for the state's failure, the prisoners are now expected to bear the consequences