German Justice Minister Stefanie Hubig Proposes Decriminalizing Public Transport Fare Evasion

German Federal Justice Minister Stefanie Hubig has proposed decriminalizing fare evasion on public transport, arguing that criminal proceedings consume judicial resources that could be better used elsewhere. Hubig, an SPD politician serving in the cabinet of Chancellor Friedrich Merz since May 2025, made the proposal in an interview with the Neue Osnabrücker Zeitung. „From my point of view, there are good reasons for decriminalization. The proceedings tie up many resources in the justice system that could be used more meaningfully elsewhere.” — Stefanie Hubig via tagesschau.de The minister linked the proposal to a broader modernization of criminal law that the black-red coalition has agreed to pursue, saying the punishability of fare evasion must be critically re-examined as part of that process. Under current law, traveling on buses or trains without a valid ticket constitutes a criminal offense under Section 265a of the Criminal Code, carrying a penalty of up to one year in prison. Those who cannot pay court-imposed fines risk a substitute custodial sentence. In 2024, police crime statistics recorded more than cases of fare evasion across the country.

Up to 9,000 people jailed annually over unpaid fines The human cost of the current legal framework is significant, according to figures cited in the reporting. Between 7,000 and 9,000 people go to prison each year because they were caught on buses and trains without a ticket and could not pay the resulting fines, according to Der Spiegel. The German Bar Association (DAV) has backed Hubig's proposal, calling the current situation both socially and financially damaging. „The social benefit of punishability is doubtful, while the damage to the general public, on the other hand, is high” — Swen Walentowski via tagesschau.de The DAV's head of political communication and media, Swen Walentowski, also warned that a mere downgrade to an administrative offense would not be sufficient, because those affected could still end up in prison through enforcement detention even without a criminal conviction. The association estimates that proceedings and prison sentences for fare evasion cost taxpayers around 200 (million euros per year) — annual public cost of fare evasion prosecutions and imprisonment annually. Walentowski argued that a full decriminalization, rather than a reclassification, is the only way to eliminate the risk of imprisonment for those who cannot pay.

CDU buries the plan, citing settled coalition talks The proposal met immediate resistance from the CDU/CSU, the Union bloc that governs alongside the SPD in the current coalition. Günter Krings, deputy chairman of the Union parliamentary group in the Bundestag, said the matter had already been discussed at length during coalition negotiations and had been rejected at that stage. „There will therefore be no decriminalization of fare evasion with the Union.” — Günter Krings via RP Online Krings also raised a practical objection, arguing that ticket inspectors are currently permitted to detain a person suspected of fare evasion until police arrive precisely because the act is a criminal offense. Without that criminal status, he said, inspections would lose their legal basis and become ineffective, leading to a sharp rise in passengers traveling without tickets. He added that the resulting revenue loss for transport operators would force ticket prices up significantly for paying passengers. Krings told Die Welt that the Justice Ministry would be better served focusing on what he called the real problems in criminal law.

Fare evasion has been classified as a criminal offense in Germany under Section 265a of the Criminal Code, which covers obtaining services by deception. The debate over whether to decriminalize the offense is not new, and advocates for reform have long argued that the substitute custodial sentence disproportionately affects low-income individuals who cannot pay fines. The current black-red coalition, formed after the 2025 federal election, brought together the CDU/CSU and SPD under Chancellor Friedrich Merz, who took office in May 2025.

Police union warns decriminalization opens the floodgates The Police Union, known by its German acronym GdP, also rejected the proposal, warning that removing the criminal designation would trivialize the offense. Andreas Roßkopf, the GdP chairman for the Federal Police division, told the Rheinische Post that fare evasion should not be reclassified as an administrative offense simply because the justice system is overburdened. „Obtaining services by deception must remain a criminal offense, otherwise we open the floodgates for such behavior.” — Andreas Roßkopf via DIE WELT Roßkopf noted that the sums involved in fare evasion are often not trivial, frequently running into two- or three-digit euro amounts. He argued that decriminalization would send a signal that such behavior carries no real consequences, encouraging more passengers to travel without valid tickets. The dispute places Hubig in direct conflict with her coalition partners on a reform she has framed as a matter of judicial efficiency and social fairness, with no resolution in sight as of April 7, 2026.

Fare evasion legal status — proposed change: Criminal classification (before: Criminal offense under Section 265a of the Criminal Code, after: Proposed: no criminal offense (full decriminalization)); Maximum penalty (before: Up to one year in prison, after: Proposed: no custodial sentence); Non-payment of fine (before: Substitute custodial sentence (prison), after: Proposed: elimination of imprisonment risk)