By Gunnar Schupelius
Politics softens the law, that’s the wrong way. Punishment must remain punishment, otherwise there will be no holding back, says Gunnar Schupelius.
Fines are imposed in daily rates. The amount of the daily rate depends on the income of the accused. The lowest daily rate was previously 15 euros. It shouldn’t stay that way.
Berlin’s Attorney General Margarete Koppers has instructed all prosecutors to only apply to the court for a daily rate of five euros if the accused offender has a very low income, for example, receives citizenship benefit (formerly: “Hartz IV”).
As justification, Koppers explains that there are too many offenders who cannot pay the daily rate of 15 euros and would therefore end up in prison to serve an “alternative custodial sentence”. This applies in particular to petty criminals, such as fare dodgers and shoplifters. According to the public prosecutor’s office, a total of 14,000 people have served a substitute prison sentence in the last five years (2018-2022). Detention is also unreasonably expensive at 226 euros per person per day.
Koppers agreed with Justice Senator Lena Kreck (left), both consider this regulation to be practical and fair. Kreck rejected the allegation by the CDU and AFD that political influence was exerted on the sentence. “In the end, it’s up to the courts to decide,” she said.
That’s not entirely true, because in practice it’s different, with many penal orders being issued without a procedure. In these cases, the daily rate would then be reduced from 15 to 5 euros.
But when it comes to the trial, the judge sets the daily rate anyway, depending on the financial circumstances of the accused. He doesn’t need any instructions from the prosecutor for that.
The move by Koppers and Kreck is definitely politically motivated. Justice Senator Kreck had already spoken out in favor of no longer classifying fare evasion as a criminal offense. She is also committed to reducing the substitute prison sentence in principle. The lowering of the daily rate is a step in the same direction of reducing the level of penalties.
Behind this policy is the assertion that fare dodgers, shoplifters, etc. are poor unfortunate people who should not be punished as well. That may be so, but before the law all people are equal, whether rich or poor. That is the principle of our legal system. So every crime must be prosecuted as such. It doesn’t matter what a place in alternative custody costs.
And apart from the legal principle, the prospect of a particularly mild punishment invites abuse. If, for example, theft is less risky here than in other federal states, organized crime will move even more strongly to Berlin.
Or let’s take the climate stickers from the “last generation” group. They like to count themselves poor in court and will now be even more successful in avoiding a really severe punishment.
Koppers and Kreck soften the law. That’s the wrong way. Punishment must remain punishment, otherwise there will be no stopping us.
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