Public transport tickets in Germany work differently from those in Russia or Ukraine. While a ticket in Russia or Ukraine is typically valid for one trip with no time limit, German tickets vary both by how long they're valid and by how far you can travel on them. In short, there's a wide variety of ticket types, and figuring out all the special offers and their fine print isn't easy. This often leads to conflicts between passengers and ticket inspectors, and pushes the especially crafty toward gray-area schemes. Some particularly enterprising — if not exactly law-abiding — individuals have reportedly made hundreds of thousands of euros exploiting such loopholes. Others, trying to save money since transit passes in Germany are fairly expensive, look for cheaper options and end up falling victim to such people by buying forged or fake tickets from them — all while ticket inspectors have become more numerous, and thus more likely to be encountered, in recent times.
There is also a way of making illegal money on public transport that scammers happily exploit: selling already-used tickets. This usually happens during peak travel times, when people are in a hurry and reluctant to stand in line for a ticket. In such cases, scammers erase the stamps on already-used tickets — with a sharp blade or some other method — and pass them off as new, usually at half the regular price. In big cities like Berlin, this is a particularly popular trick. Statistics suggest that every second passenger has, at some point, been offered such a deal in the subway. Antonina (name changed) happened to fall into that exact group. Her only mistake was accepting the offer and buying such a ticket from a stranger.
Our "heroine," coming to our law firm for a legal consultation, told her story in detail. That day, she had been in Potsdam on business and was heading back to Berlin. As is well known, when planning a Potsdam–Berlin trip, it's advisable to buy a ticket valid across all three fare zones — ABC — which is exactly what she intended to do. As she approached the ticket machine and got in line behind someone, a young man caught her attention. He looked perfectly respectable: clean clothes, a well-groomed appearance, and polite manners. The stranger struck up a conversation with Antonina and offered to sell her a ticket he didn't need — one that, he said, was unused and valid for all three zones. With only minutes left before her train and the line at the machine not getting any shorter, the young woman, not wanting to miss her train, made a hasty, ill-considered decision and agreed. All the more so since he was offering to sell the ticket for €2.00 instead of €3.60, and it looked brand new. "I'll even save some money," she thought. In a hurry, before Antonina could reconsider, the stranger punched the ticket himself and handed it to her, and moments later she was on the train.
The young woman had already forgotten about the whole thing — until ticket inspectors boarded at Charlottenburg station and asked to see her ticket. The inspector immediately suspected the ticket had already been used. The stamp was there, of course, but the inspector's trained eye caught worn spots on the ticket suggesting prior use. Antonina was handed a slip citing a €60 fine. As luck would have it, she had no identification documents on her, so her case was later referred to the federal police, who handle such matters. Soon after, a letter arrived at her home accusing her of fraud, as well as forgery and unlawful use of a transit document under §267 of the German Criminal Code (Strafgesetzbuch – StGB). Frightened, the young woman turned to our law firm for legal help.
Our firm's attorney notified the police that he was representing the accused in this matter and immediately requested the case file.
This was necessary above all to review the police's own records and find out whether any witnesses had been questioned, and what the ticket inspectors themselves had stated. The case file revealed that no forensic examination of the ticket had actually been carried out. Police, upon examining the ticket, noted certain marks indicating that it had previously carried a stamp, which had since been removed with some object — most likely an improvised blade. As a result, the ticket was considered used. Antonina was charged with fraud on the theory that using a ticket that had already been in circulation constituted deception, since it was effectively being passed off as valid. She was charged with forgery on the theory that the ticket had previously been stamped and was being reused under the guise of a new one. Under German law, a ticket is considered forged not only when a person personally alters it for reuse, but also when a person knows a ticket is invalid yet uses it anyway.
After carefully reviewing the case file, the attorney drafted a letter to the prosecutor setting out Antonina's legal position. The letter's central argument was the absence of intent on our client's part in using an invalid ticket — since intent is the key element required to establish that an offense has been committed. The attorney pointed out that our client had bought the ticket from another person who had misled her by passing it off as new. She therefore had no personal involvement whatsoever in forging the ticket and had no knowledge that it had previously been used. She hadn't noticed the worn spots, since the ticket was already somewhat creased, making it hard to make out any details on it. Moreover, an ordinary person can hardly be expected to spot such alterations — ticket inspectors are able to identify a forged ticket precisely because of the nature of their job, while someone who has never encountered this before cannot reasonably be expected to assess a ticket's authenticity or notice any traces on it at first glance. Our client, the attorney argued, had herself been a victim of fraud. He also noted that such cases have become increasingly common, with scammers exploiting other people's naivety on a daily basis. Having reviewed the letter presented in Antonina's defense, the public prosecutor's office found no counterarguments, and the case was closed under §170 of the German Code of Criminal Procedure (Strafprozessordnung – StPO) for lack of proof of an offense due to the absence of intent.
There's a reason for the saying "the miser pays twice." Of course, saving money isn't a vice, and we all try to save where we can — but that's no reason to let your guard down. As the saying goes, "the only free cheese is in a mousetrap." If you've gone after a tempting bargain and ended up in an unpleasant situation as a result, we recommend seeking advice from a specialist without delay — someone who can offer you a helping hand with the legal side of things.
Frequently Asked Questions
Can a fraud charge be avoided if you didn't know a ticket was forged?
Yes — intent is a key element of the offense; if it can be shown the person neither knew nor could have known the ticket was invalid, the case can be closed for lack of an offense.
What penalties apply for using a forged transit document under §267 StGB?
§267 StGB penalizes document forgery; the actual sanction depends on the circumstances of the case, and proceedings can be discontinued where intent cannot be established.
Why does it matter to carry ID on public transport?
Without identification, a fare-evasion matter can be referred to the federal police to establish the offender's identity, which significantly complicates and lengthens the process.
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