Criminal defense for Fare Evasion in Bonn

Legal Basis

§ 265a StGB

Sentencing Range

Imprisonment of up to one year or a fine (Section 265a StGB)

Summary

Obtaining transport, machine, network or admission services intending not to pay the charge

Fare Evasion and Obtaining Services (Section 265a StGB) – Overview

An allegation under Section 265a of the German Criminal Code (StGB) mainly concerns fare dodging on buses and trains, as well as obtaining access to events or the use of machines and telecommunications networks without paying. Many people underestimate the matter because the individual loss is small – yet proceedings often end with a penalty order and a record.

What is obtaining services by deception?

Section 265a StGB penalises anyone who obtains the service of a machine, a telecommunications network, transport by a means of conveyance, or admission to an event or facility, with the intention of not paying the charge. The most important case in practice is fare evasion – travelling without a valid ticket. The provision is subsidiary: it applies only where the act is not punishable more severely under other rules (such as fraud).

Fare evasion as the most common case

According to case law, simply using the means of transport without a valid ticket suffices where the appearance of propriety is maintained; technically overcoming controls is not required. The matter usually becomes criminally relevant only once the transport company files a complaint – often after repeated checks without a ticket. The “increased fare” is a civil claim and separate from the criminal assessment.

What penalties apply?

The range of Section 265a StGB runs from a fine to imprisonment of up to one year. In practice, first-time offenders regularly receive a fine or a discontinuation, sometimes subject to conditions. It becomes problematic for repeat offenders: where several penalty orders are issued and fines remain unpaid, a substitute custodial sentence (Ersatzfreiheitsstrafe) may be enforced. In precisely these cases legal support is worthwhile to avoid imprisonment over comparatively small amounts.

Defence and discontinuation

Where culpability is low, the proceedings can often be discontinued under Sections 153 or 153a of the Code of Criminal Procedure – a realistic goal for first-time offenders and small losses. Intent, the validity of any required criminal complaint, and procedural questions around a penalty order should also be examined. An objection to a penalty order can be lodged within two weeks. The case file should be inspected before any statement.

Frequently asked questions

Is fare dodging a criminal offence in Germany? Yes. Travelling without a valid ticket can be prosecuted as obtaining services by deception under Section 265a StGB, separately from the civil increased fare.

What penalty do I face? A fine or up to one year’s imprisonment. First-time offenders usually receive a fine or a discontinuation.

Can I go to prison for fare dodging? Not for a single case as a rule, but repeat offenders who do not pay their fines risk a substitute custodial sentence.

I received a penalty order – what now? You can object within two weeks. Have the file inspected before deciding; do not make statements without legal advice.

Practical example and particularities

Example: A commuter is checked three times within a few months without a valid ticket. After the transport company’s third complaint, the local court issues a penalty order for 30 daily units. If he does not pay the fine, a substitute custodial sentence looms – for an economic loss of a few euros per trip.

A particularity is the ongoing policy debate about the criminality of fare evasion: some prosecutors generously discontinue trivial cases, others prosecute consistently. Anyone seeking to avoid a substitute custodial sentence for unpaid fines can apply for payment by instalments or to discharge it through community service – an important line of defence at the enforcement stage.

Related topic: theft.

This information is general in nature and does not replace advice in an individual case.

How we defend against a charge of fare evasion

„Fare dodging“ (Section 265a StGB) is a mass offence with often underestimated consequences – especially where it is repeated. Our defence aims at discontinuing the proceedings and avoiding an entry and its side effects.

Low amount of loss and discontinuation

The transport loss is usually only a few euros. With such a low amount, discontinuation under Section 153 or, against a small condition, Section 153a of the Code of Criminal Procedure is regularly achievable. We negotiate this early with the prosecution.

Correctly assessing repeat cases

Where fare evasion is repeated, the prosecution threatens indictment and a custodial sentence. We establish whether there really are relevant prior offences and develop – for instance through settling outstanding amounts and orderly ticketing – a perspective that avoids escalation.

Payment to the transport operator

Paying the increased fare to the transport operator is owed under civil law and, in the criminal proceedings, has a mitigating effect as restitution. We build this step into the defence strategy.

House ban and further consequences

Besides the penalty, a house ban by the transport operator and – depending on the level of the sentence – an entry in the certificate of good conduct with consequences for work and residence may follow. We keep these side effects in view.

Summons or accusation of Fare Evasion? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Fare Evasion requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.