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ES1956
2 years ago

You must distinguish between the contractual penalty that is due to the transport company and the criminal law side.

Driving without a valid ticket can happen every time. In the normal case you pay the double fare, at least 60,- and good.

These 60€ are a mere contractual penalty.

Now, however, a criminal offence can also be considered, aggravation of services or fraud, and then an ad is already justified in the first act.

For a criminal offence, however, there must be an intent, since in most cases this is not proveable, the transport companies waive an ad at the first and second time. (work costs).

If, however, there are signs of an intent during the first black driving (hidden, shortened ticket, wrong details …), the VU will already report during the first act.

It is only then that a penalty wg of carriage is negotiated (§265a StGB).

Filatio
2 years ago
Reply to  ES1956

The AG will then, however, check the intention – or will it be simply implied? Since the proof is quite difficult (“I accidentally bought the wrong ticket”), such processes would have to run into the void for the most part, or do I see it wrong?

ES1956
2 years ago
Reply to  Filatio

There are enough idiots who pretend that the situation is clear. Example: Non-transferable ticket from the friend, changes to the ticket, etc…

“I accidentally bought the wrong ticket” you don’t think about the 3rd time.

HugoHustensaft
2 years ago

Perhaps – but this can certainly want the personalities, because the 60 € are only the civilian part of the increased transport fee, the criminal part (acquisition of services) is not processed by the controller.

Vor10Minuten
2 years ago
Reply to  HugoHustensaft

There are no further costs, so the €60 is the only thing a black driver has to pay.

HugoHustensaft
2 years ago
Reply to  Vor10Minuten

Wrong. Thus, the civil law part is done, criminal law can impose another penalty – fine or imprisonment.

mbraun
2 years ago
Reply to  HugoHustensaft

Well, yes… IMHO always depends on how much stress the controller is. The inspectors (especially when using subs) are under the pressure to write down a certain number of black drivers each day. A controller is happy when he has the 60 tucks and can continue.

silazio
2 years ago

Do some inspectors on good days in exceptional cases. Don’t leave. It is known what makes a power position of people.

Vor10Minuten
2 years ago
Reply to  silazio

These are not exceptions but regulated by law You can also pay any fine directly to the police in Germany if you are stopped by the police.

Filatio
2 years ago
Reply to  Vor10Minuten

But the comparison goes down.

silazio
2 years ago
Reply to  Vor10Minuten

I have experienced it many times that this was allowed when people admitted not to have a ticket and asked if they can buy it quickly without penalty.

Sandra2022721
2 years ago

Only if he lets himself in.

Vor10Minuten
2 years ago
Reply to  Sandra2022721

The MUST get involved!

Sandra2022721
2 years ago
Reply to  Vor10Minuten

No human being has to.

Jurafuchs
2 years ago

Mostly, yes. You’re gonna quit.

lcld1403
2 years ago

Yes, it depends on the controller

Userhm
2 years ago

“Ablasshandel” was in the Middle Ages..But when he admits to it…may it work.

Vor10Minuten
2 years ago
Reply to  Userhm

It always works. This is governed by the Transport Act.

ES1956
2 years ago
Reply to  Vor10Minuten

This is governed by the Transport Act.

That’s a smarr.

Userhm
2 years ago
Reply to  Vor10Minuten

If the controller has other requirements- …, the journey regulates the increased resolving but also the additional display due to black driving.

Userhm
2 years ago

Do not blossom from your base.

Vor10Minuten
2 years ago

But I have an idea, unlike some others here.

ES1956
2 years ago

I’m glad you don’t know.

ES1956
2 years ago

No

Vor10Minuten
2 years ago

You don’t even understand the text you copy from the internet. I’m laughing

In most cases, for black drivingPenalties:

These are the €60, which can be paid immediately to the controller. You have to be a notorious black driver before there is a charge. But you don’t seem to have got too much of life. You have to learn a lot!

Userhm
2 years ago

…only to DEINER KENNTNIS..If I get it now..

There is not only one possibility…

What crime is black driving?

The legislator evaluates driving without a valid ticket in accordance with § 265a StGB as a result of services. For thisCrimemay threaten a fine or imprisonment of up to one year.

When is the threat of black driving jail?

In most cases, for black drivingPenaltieshung. However, those who cannot afford the ticket are generally unable to pay the fine. The legislator then provides for a compensation penalty.

Vor10Minuten
2 years ago

You can’t get anything? With the 60 € is the ERLEDIGT! Each other paperwork, display, tralala is NOT MORE paid for the black driver.

Userhm
2 years ago

The deeds of a deliberate black journey still exist – and this is fraud.

Vor10Minuten
2 years ago

He can still pay directly because no further costs can be paid to him!

lazyjo
2 years ago

Sure, ask if you can buy a 10 card from him!!

Vor10Minuten
2 years ago

Sure, you can! You’ll get a receipt.

mbraun
2 years ago

It’s not funny. Because the receipt is your ticket. The penalty is an increased transport fee.

Vor10Minuten
2 years ago

Why funny? This is reality.

ES1956
2 years ago
Reply to  Vor10Minuten

and later a punishment from the court.