Fare dodging: increased transport charge and criminal liability

Traveling without a valid ticket has two levels: under civil law the increased transport charge (usually 60 euros) and, with repeated or intentional conduct, criminal liability for obtaining transport services by deception. Anyone who has just forgotten once to have a valid ticket on hand often has milder options.

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Your chances of getting your money back

The increased transport charge (frequently 60 euros) is a civil-law claim by the transport company. In addition, 'obtaining transport services by deception' can be punishable (§ 265a StGB), especially with intent and repetition.

If you simply did not have a valid season ticket with you, many companies significantly reduce the increased charge upon proof within a deadline. In a criminal case, a discontinuation is often possible for first-time offenders.

What you should do now

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1. Classify the demand
Distinguish the increased transport charge (civil) from a possible criminal complaint (§ 265a StGB).
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2. Prove the season ticket
If you only forgot the ticket, submit it within the deadline, this usually reduces the charge greatly.
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3. Remain silent in a criminal complaint
If criminal proceedings loom, make no hasty statements and consider legal help.
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4. Aim for a discontinuation
With a low loss and first-time offenders, a discontinuation (if applicable against a condition) is often achievable.

How to spot the scam

Repeated travel without a ticket increases the risk of a criminal complaint.
You ignore the demand, so that a dunning and later an enforcement procedure follows.
You make hasty incriminating statements in the criminal proceedings.

Frequently asked questions

Is fare dodging punishable?

Obtaining transport services by deception can be punishable (§ 265a StGB), especially with intent and repetition. Regardless of this, the transport company demands an increased transport charge under civil law, usually 60 euros.

What if I only forgot my season ticket?

Many transport companies significantly reduce the increased transport charge if you prove a valid season ticket within a short deadline. Submit the proof quickly, then the demand is usually greatly reduced.

What happens with a criminal complaint?

With a low loss and first-time offenders, a discontinuation of the proceedings is often possible, if applicable against a condition. Make no hasty statements about the matter and consider legal support, especially with repetition.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.