forget Once again, to solve a Ticket? Or was it malicious intent? No matter how black the driver will not only get an increased of the transport associations a penalty, often 60 or 100 euros, but you will often result in prosecution. Section 256a of the criminal code sanctioned black to as theft of service, up to a year in prison or a monetary penalty.
In Berlin, the formation of Long resistance against this Federal law. Berlin’s ruling SPD-mayor Michael Müller called on the weekend in the “daily mirror” the downgrade to the offense: “The effort of the law-enforcement authorities stands in no reasonable relation to fact.” The Berlin Senate thinks about an Initiative in the Bundesrat, whether other provinces follow suit.
Berlin’s interior Senator Andreas hostage had argued in the preceding week already, with the abolition of the controversial clauses in the police and judiciary could be relieved. Exactly also wants politicians of the German judges Association (DRB) – however, on a slightly different path than the SPD.
The judges want to black to also sanction, in the future, will be prosecuted, but only if barriers or access controls can be overcome or circumvented. DRB Board member Barbara Stockinger said: “anyone Who runs for technical checks by the ticket reading devices or controls is beyond by the staff, must be expected in the future with a penalty.”
judge Federal: hold right for checkers
given this proposal, the Association will hold “to the criminality of the black-and-driving, want to acknowledge the facts of the case but to cases ilbet of criminal injustice limit”. The Berlin justice system has to do according to the Association, annually, with roughly 40,000 cases of multiple black driver, the Berlin police processed according to the Department of interior in 2017, approximately 12,000 Criminal complaints.
the CDU and the FDP, had recently expressed criticism of the Senate’s plans to downgrade the black-and-driving offense. “The effort is not eliminated Yes,” said the CDU parliamentary leader Burkard Dregger of the “Berliner Morgenpost”. Instead of criminal proceedings, then the proceedings would occur.
The proposal of the Richterbunds could now be a compromise, especially since some of the SPD deputies not to support the Senate initiative to date. The legal policy spokesman of the group, Sven Kohlmeier, said, according to the “morning post,” if you had to decriminalize argue that the theft of bread.
The judge, Federal argued that it is in slight cases, in which no Barrier will be circumvented, Yes, still the civil claims of the transport companies. And also on this Basis, control could cling to your black-and-driver, to establish his identity: “the civil law provides for a right of arrest”, – stated in a communication of the Richterbunds. Member of the Bureau, Stockinger said: “In the first line, the transport companies are required to do as a preventive measure against black-and-ride. Effective access controls of the company are the best way.”
apr