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Online Casinos in general: Charge of unauthorized gambling ( 285 StGB) (Page 38)

Topic created on 23rd Jan. 2021 | Page: 38 of 51 | Answers: 509 | Views: 149,540
frapi07
Elite

Charge of unauthorized gambling ( 285 StGB)

29th Jul. 2024, at 12:02 am CEST#373
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Saphira wrote on 28.07.2024 at 22:46: For what? Punish a few, educate hundreds. Works like almost everything else where it is used. Whereby the addiction factor should not be underestimated. (Rhetorical remark)

I would understand if most people were really punished. But that's not the case at the moment, rather the exception. Most cases are closed. I believe that so far only one user has reported having to pay a fine. Apart from that, I've only seen one case in the news (where an apprentice had to pay back €3000 or something like that).

If there's anything to pay, it's the lawyer's fees, nothing else.

The current situation is as I mentioned: Money, resources and manpower are being wasted for nothing (or very little).

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Anonym

Charge of unauthorized gambling ( 285 StGB)

14th Aug. 2024, at 11:42 am CEST#374
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AngryCasino wrote on 01.07.2024 10:25:

Heyo! there were amounts in the 5 digit range. File was about 60 pages long.

Servus, were the wins collected? Do you have the name of your legal advisor? Did you declare the wins to the tax office at the time? Because I have often read that wins from unlicensed casinos have to be taxed.


Thank you

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Anonymus
Rookie

Charge of unauthorized gambling ( 285 StGB)

17th Sep. 2024, at 12:12 pm CEST#375
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Hello everyone,
since it has become rather quiet here in the forum, I wanted to ask if there are any new reports on this topic from you? Has anyone else received a summons or perhaps been reinstated?

The forum was very active here for a while.
Hopefully it will stay quiet 👍

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Donnie
Elite

Charge of unauthorized gambling ( 285 StGB)

17th Sep. 2024, at 12:27 pm CEST#376
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Anonymous wrote on 17.09.2024 at 12:12: Hello everyone,
since it has become quite quiet here in the forum, I wanted to ask if there are any new experience reports on this topic from you? Has anyone else received a summons or perhaps been reinstated?

The forum was very active here for a while.
Let's hope it stays that quiet 👍

At some point you realize that it's better to use e-wallets or crypto, although I don't think every single bank reports you right away. In the last 12 months it felt like 6 payouts from Starscream/Mountberg under €50.01 to the bank account where Inpay is located and no one has approached me about it yet, the bank has never contacted me about payouts from casinos/bookmakers. However, I will not pay out higher sums to the bank

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Jasonknz878
Rookie

Charge of unauthorized gambling ( 285 StGB)

26th Sep. 2024, at 08:22 pm CEST#377
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Good evening, a colleague and I have also received a letter from the police. Logically, we didn't go there. As a result, one of us has already received a penalty order from the public prosecutor's office. 90 daily rates....
Has anyone else had this experience? We both have no criminal record, is there any chance of the case being dropped? Has anyone had this experience, as I usually read here that the proceedings are automatically discontinued after a police letter or after a letter from a lawyer, we have no experience in this area... Would be very grateful for any answers or experiences!

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Saphira
Expert

Charge of unauthorized gambling ( 285 StGB)

26th Sep. 2024, at 09:03 pm CEST#378
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Hello Jasonknz878 and welcome to the forum. The penalty order is issued by the court at the request of the public prosecutor's office and is a kind of conviction. You have 14 days to lodge an appeal with the court if you do not agree with the fine. If this is paid, the proceedings are effectively over and you have accepted the penalty. However, it would be advisable to consult a lawyer who can give you the best advice in the event of an appeal.

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gamble1
Icon

Charge of unauthorized gambling ( 285 StGB)

26th Sep. 2024, at 09:08 pm CEST#379
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Jasonknz878 wrote on 26.09.2024 at 20:22: Good evening, I also received a letter from the police with a colleague. Logically, we did not go there. As a result, one of us has already received the penalty order from the public prosecutor's office. 90 daily rates....
Has anyone else had this experience? We both have no criminal record, is there any chance of the case being dropped? Has anyone had this experience, as I usually read here that the proceedings are automatically discontinued after a police letter or after a letter from a lawyer, we have no experience in this area at all... Would be very grateful for any answers or experiences!

In addition to what Saphira has written:


A penalty order has also been issued from time to time because it really depends on which public prosecutor's office is conducting the proceedings

In such a case I think I would accept the offer of the public prosecutor's office and I don't think anyone wants to pay in court because it can only get worse either way

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Saphira
Expert

Charge of unauthorized gambling ( 285 StGB)

26th Sep. 2024, at 09:41 pm CEST#380
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gamble1 wrote on 26.09.2024 at 21:08:

As an addition to what Saphira wrote :


A penalty order has also happened from time to time because it really depends on which public prosecutor's office is conducting the proceedings

In such a case, I think I would accept the offer from the public prosecutor's office and I don't think anyone wants to pay in court because it can only get worse either way

I would still advise a lawyer and not just accept it. The problem is that this is not an offer, but a criminal conviction. And with 90 daily sentences, the maximum before an entry in the criminal record, which would be the case with 91 daily sentences. In this respect, the sentence has been deliberately set so high or a particularly serious offence among the "petty offences" has been recognized by the responsible public prosecutor. Even if the sentence is only entered in the Federal Central Criminal Register and not in the certificate of good conduct. However, if there is already another entry in the BZR, for example due to another petty offense in the past (less than 5 years), it would no longer be a first conviction, but the second and therefore both would be entered in the criminal record. The same applies if another minor conviction is added in the near future. Furthermore, the fine is already quite high at 90 daily rates. It should correspond to three net monthly incomes. Three months without income is already a considerable burden for some people. This is why you should consult a lawyer, who is best placed to assess whether or not it makes sense to appeal.


Of course, nobody wants to go to court and nobody wants things to get worse. However, it should all be well thought out

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gamble1
Icon

Charge of unauthorized gambling ( 285 StGB)

26th Sep. 2024, at 10:00 pm CEST#381
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Saphira wrote on 26.09.2024 at 21:41:

I would still advise a lawyer and not just accept it. The problem is that this is not an offer, but a criminal conviction. And with 90 daily rates the maximum before an entry in the criminal record, which would then be the case with 91 daily rates. In this respect, the sentence has been purposefully set so high or a particularly serious offence among the "petty offences" has been recognized by the responsible public prosecutor. Even if the sentence is only entered in the Federal Central Criminal Register and not in the certificate of good conduct. However, if there is already another entry in the BZR, for example due to another petty offense in the past (less than 5 years), it would no longer be a first conviction, but the second and therefore both would be entered in the criminal record. The same applies if another minor conviction is added in the near future. Furthermore, the fine is already quite high at 90 daily rates. It should correspond to three net monthly incomes. Three months without income is already a considerable burden for some people. This is why you should consult a lawyer, who is best placed to assess whether or not it makes sense to appeal.


Of course, nobody wants to go to court and nobody wants things to get worse. However, it should all be well thought out

Yes, of course you're right

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Jasonknz878
Rookie

Charge of unauthorized gambling ( 285 StGB)

26th Sep. 2024, at 11:03 pm CEST#382
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Thank you for all the answers! I've read a lot here in the forum that many people have had their cases dropped immediately after not going to the police, which is generally not something you should do.
That's why we were surprised about the penalty order my colleague received. Also that there is a 5-digit sum in the room... I have never read that here in this amount. It would be great if someone here could share their experience and possibly also appeal against the outcome.
Do you think that every public prosecutor judges differently? After the first telephone conversations with the lawyer, he said that this issue is very vulnerable..

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