Accused of illegal gambling? – Your experienced criminal defense lawyers in Hamburg
The organization of illegal gambling and participation in it constitute a serious offense in Germany. criminal offenses The corresponding criminal offenses are standardized in § 284 and Section 285 of the Criminal Code (Criminal Code).
In Germany, gambling is strictly regulated, which is why it may only be offered by certain providers in compliance with legal regulations. This is governed by various laws, such as the Interstate Treaty on Gambling (GlüStV). However, numerous gambling options are available online. Therefore, it is necessary to understand the potential circumstances that could constitute a criminal offense. This is particularly important because many people are unaware that their actions could be punishable until they receive a corresponding letter – usually a letter. summons of the accused – received by the investigating authorities.
Under certain circumstances, even arranging or participating in a poker night in a private setting, or participating in gambling on online platforms, can lead to criminal prosecution. This is conceivable, for example, if providers do not possess a German license, even if the provider is a foreign company operating legally in its country.
The strict regulations governing gambling in Germany primarily serve the purpose of safety and player protection, as otherwise fraud can easily occur and there are no legal guarantees for winnings. Therefore, law enforcement agencies often suspect a connection between illegal gambling and criminal organizations that use the proceeds to commit further crimes, such as money laundering or extortion.
Criminal proceedings for illegal gambling are often initiated not by a formal complaint, but by reports from banks to the tax authorities or the public prosecutor's office. This occurs when they discover a suspicious transfer that appears to be related to illegal gambling. Such unusual account transactions also frequently lead to investigations into suspected money laundering.
What is gambling?
Generally speaking, gambling is defined as... Game outcome and the chance of winning mostly random are. In addition, the player must to provide a not insignificant service in return for his participation, A stake is typically made in the form of a payment. This payment must be made specifically in anticipation of a possible win. Therefore, a payment that is only indirectly related to the game, or not related at all, such as paying an entrance fee to an arcade, is not considered a stake in a game of chance. However, the stake can also be made covertly, which is why the assessment usually depends on the specific terms and circumstances of each case.
Examples of games of chance include poker, roulette, sports betting, slot machines, and dice games. Games of skill are not included.
When is gambling considered illegal?
Gambling is generally illegal if it without the required official permit takes place in public.„Public“This means that the game is accessible to a larger, non-exclusive group of people. It should be noted that even private gambling can be punishable if several people regularly meet to play in a private setting.
Official permission for gambling must be obtained in any case, even if an application to the authorities was unlawfully refused.
Federal Court of Justice (BGH), judgment of February 27, 2020 (Case No.: 3 StR 327/19) on the necessity of a permit:
In its judgment of February 27, 2020, the Federal Court of Justice (BGH) ruled that the fact that a permit should have been granted under substantive law does not preclude criminal liability under Section 284 Paragraph 1 of the German Criminal Code (StGB). Following a change in the law, the defendant had applied for an additional permit to operate his gambling arcades, which was wrongly rejected by the authorities. The defendant appealed the rejection and continued operating his arcades. The Hanover Regional Court initially acquitted him of the charge of illegally operating gambling on legal grounds. However, the BGH clarified that criminal liability existed. This is not affected by the fact that the permit rejection was not yet legally binding. This approach is also compatible with the right to freedom of occupation under Article 12 Paragraph 1 of the German Basic Law (GG). The fact that the defendant subsequently received a temporary permit to continue operating his gambling arcades is irrelevant.
Criminal offenses involving illegal gambling
Criminal offenses relating to illegal gambling are defined in Section 284 Paragraph 1 of the German Criminal Code (StGB). Organize, the Hold or that Providing a facility In most cases, the organizer and the owner are the same person, who independently manages and supervises the game and administers the stakes. Whether providing individual items unrelated to the game is a criminal offense depends on the specific case and must be decided based on whether the item was demonstrably intended for the operation of an illegal gambling activity.
More severely punished acts can be those which commercial This occurs when the act is carried out with the intention of generating a source of income of a certain duration and amount. Also, the continued commission as a gang is subject to special punishment (§ 285 para. 3 StGB).
Furthermore, the Apply of illegal gambling according to § 284 para. 4 of the German Criminal Code and the participation This is punishable under Section 285 of the German Criminal Code.
Threatened punishment
Penalties for illegal gambling vary depending on the specific act committed and the associated level of responsibility. Organizers, owners, and operators of gambling establishments face prosecution under Section 284 Paragraph 1 of the German Criminal Code (StGB). Prison sentence of up to 2 years or a fine. In particularly serious cases, namely in cases of commercial or organized gang-related offenses, Section 284 Paragraph 3 of the German Criminal Code (StGB) provides for a Prison sentence between 3 months and 5 years Advertising illegal gambling is punishable under Section 284 Paragraph 4 of the German Criminal Code (StGB). Imprisonment for up to 1 year or with a fine Participation in illegal gambling can be punished under Section 285 of the German Criminal Code (StGB). Prison sentence of up to 6 months or one Fine of up to 180 daily rates will be punished.
In addition, profits or items related to criminal activity may be confiscated.
summons, search or indictment
Whether you are a summons or a Indictment have received or whether a search took place at your location – In any case, contact a lawyer.. Even if you are innocent or wish to contribute to the investigation, a statement you make could potentially be used against you later. Therefore, you should under no circumstances go to the police or public prosecutor's office on your own. Instead, a lawyer can request access to the investigation file on your behalf. Based on this, a statement or declaration can then be prepared. If the case allows, an attempt should first be made to... Attitude to obtain; also to avoid an entry in the certificate of good conduct and possible Criminal consequences to avoid.
Contact us – we are here to support you as experienced criminal defense lawyers and will fight for the best possible outcome for your case.
FAQ
Is every participation in online casinos or online poker in Germany automatically illegal?
No. This is the case if the provider does not have a German license.
How can I tell if an (online) gambling provider is legal or illegal?
Even though many illegal providers design their websites professionally, there is only one reliable method to check whether the provider has a license: All providers that offer online gambling and hold a state license in Germany are listed on the official whitelist Listed below. This whitelist is published and regularly updated by the joint gambling authority of the German states and can be accessed via the following link: https://www.gluecksspiel-behoerde.de/de/fuer-spielende/uebersicht-erlaubter-anbieter-whitelist
Is a license from another EU country (e.g. Malta) sufficient to make gambling legal in Germany?
No, licenses from another EU country are not valid in Germany. For gambling to be legal in Germany, the provider must hold a German license.
Does it make a difference whether gambling is conducted illegally online or in real life?
No, illegal gambling is punishable both in real life and online.
What happens if I participate in a gambling game offered by a provider without a German license?
According to Section 285 of the German Criminal Code (StGB), participation in illegal gambling is punishable by imprisonment of up to six months or a fine of up to 180 daily rates. Whether an investigation can be discontinued or what the final penalty will be depends on the circumstances of the individual case.
Is it legal to gamble privately with friends for money?
Yes, in principle this is allowed. However, it can also be a criminal offense if it occurs regularly with significant stakes or if third parties benefit from it.
Do I have a right to a refund of my stakes if the gambling offer was illegal?
This depends on the individual case. A civil claim for reimbursement is conceivable if the gambling provider operated without a license. In that case, the contracts on which the gambling was based may have been void pursuant to Section 134 of the German Civil Code (BGB) due to a violation of a statutory prohibition. A reversal of the transaction may then be possible via the payment service provider.
Do I have a right to receive my winnings if the game was illegal?
No, there is no entitlement to an illegal profit.
Can winnings from illegal gambling be confiscated?
Yes, according to §§ 286, 74a of the German Criminal Code (StGB), any means or objects of the crime, such as gaming equipment, as well as the money found on the gaming table or in the bank, can be confiscated if they can be attributed to the perpetrator or the accomplice.
What other risks are associated with illegal gambling?
Many online providers operate their websites to obtain personal data or payment information. This poses a risk of data misuse, such as identity theft, unauthorized account withdrawals, or unsolicited advertising. Furthermore, there is a risk of fraud and gambling addiction.
What does "black bet" or "black lottery" mean?
This is the colloquial term for illegal gambling / betting.