Legal loophole

Authorities wrestle over penalties for “subway surfers”

From a legal point of view, the devastating incident in front of Schönbrunn subway station was only a minor administrative offense.

(Bild: Leserreporter, Krone KREATIV)

The subway surfers who had to pay for their recklessness in Vienna also caused suffering to others, against which the consequential costs of the incident pale into insignificance. But the law offers hardly any means of putting a stop to this madness. Anyone approaching a railroad crossing the wrong way is punished more severely.

Two of the four boys who recently ruined their lives for an internet video while surfing the subway are still struggling with death. However, there are other victims - in addition to their relatives, especially the driver of the U4 train, who has to come to terms with the experience and needs psychological help. There are also costs for hospital, ambulance and police and more. However, the authorities have almost no means of dealing with the consequences for the two other boys who survived the incident unscathed.

"There are no interrogations in such proceedings"
The two uninjured boys - a 13-year-old and a 16-year-old Austrian - will probably not even have to be questioned by the police. This is because the police and Wiener Linien can only charge them with "disturbing public order" and "disruptive behavior within the railroad facilities". "These are administrative charges. Interrogations in the sense that are provided for in criminal charges do not take place in such proceedings," the police told "Krone".

The large-scale operation kept Vienna's helpers busy for hours on Tuesday. There will hardly be any consequences for the two boys who survived the incident unscathed.

(Bild: APA/EVA MANHART)

Penalty similar to disregarding flashing lights
The maximum fines that subway surfers face are downright ridiculous: a maximum of 500 euros for "disturbing public order" and a maximum of 726 euros for "disruptive behavior within railroad facilities". That's the same as driving over a railroad crossing when the barriers have already opened but the warning light is still flashing. There are stricter regulations in the Railway Act. Repeat offenders who disregard the flashing light at level crossings risk up to two weeks' imprisonment.

Searching in vain for the right offense
Nevertheless, the police regularly report subway surfers to the public prosecutors with reference to Section 100 (3) of the German Code of Criminal Procedure - a kind of request for an order to investigate a specific offense. However, the public prosecutor's office just as regularly comes up against the limits of the Criminal Code and is unable to find any action against the perpetrators that is tenable in court. According to the judiciary, it is up to the legislator to create the appropriate penal provisions.