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Online Casinos in general: Charge of unauthorized gambling ( 285 StGB) (Page 39)

Topic created on 23rd Jan. 2021 | Page: 39 of 51 | Answers: 509 | Views: 149,531
gamble1
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Charge of unauthorized gambling ( 285 StGB)

26th Sep. 2024, at 11:29 pm CEST#383
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Jasonknz878 wrote on 26.09.2024 at 23:03: Thanks for all the answers! I've read a lot here in the forum that many people have had their case dismissed directly 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 this differently? After the first telephone conversations with the lawyer, he said that this issue is very vulnerable..

The issue has not yet landed on the table of a public prosecutor in every federal state because such a tough approach has not been carried out for so long apart from that I think many don't really want to prosecute such "minor" offenses at all because let's be honest there are really far more important things to do than prosecute small players who may not even have anything to get


If you already have contact with a lawyer you should listen to him but keep in mind in court it can theoretically turn out even worse for you think you have to be fair enough to at least have said it

But there will certainly be a few more experiences here in the next few days

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Saphira
Expert

Charge of unauthorized gambling ( 285 StGB)

26th Sep. 2024, at 11:40 pm CEST#384
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In most of the cases here, there was also a cessation or cessation against fulfillment of a condition. In this case, I was puzzled by the fact that the sentence was exactly 90 days. This means that the public prosecutor really wanted to punish as severely as possible, but without incriminating the colleague with a previous conviction. That's why he was only entered in the BZR. He is of course subject to the law and applies it to the extent possible, but in this case he interpreted it very strictly. Normally, it would have been more common practice for a person with no previous convictions to be dismissed on the grounds of insignificance or against fulfillment of conditions. That's why I wonder why the sentence is so severe here... It's quite possible that another prosecutor would have requested a lower daily rate or would have dropped the case in exchange for the fulfillment of conditions. However, of course I don't know your case and it's good that you are already in contact with the lawyer.

Perhaps one more tip. It would be good to check the daily rate, i.e. the daily euro amount. The income is often estimated, which can lead to the daily rate not corresponding to the actual income.

I wish you a good outcome in the matter.

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Jasonknz878
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Charge of unauthorized gambling ( 285 StGB)

27th Sep. 2024, at 01:22 am CEST#385
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Yes, the number of daily rates also seemed extremely high to us, even when we talked to others about it. Neither of us has ever had anything to do with the police, the local court or the public prosecutor's office.
The question we are asking ourselves is a local court or public prosecutor's office in the country "stricter" than in the city? Can you say anything about this?

Also the evidence they only have the transaction list but I knew nothing about the illegality, they have to prove to me that I knew about it and did it anyway. At least that's what you read a lot on the net..

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gamble1
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Charge of unauthorized gambling ( 285 StGB)

27th Sep. 2024, at 01:25 am CEST#386
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Jasonknz878 wrote on 27.09.2024 at 01:22: Yes, the number of daily rates also seemed extremely high to us, even when we talked to others about it. Neither of us have ever been in front of the police or the local court or public prosecutor's office.
The question we are asking ourselves is a local court or public prosecutor's office in the country "stricter" than in the city? Can you say anything about this?

Also the evidence they only have the transaction list but I knew nothing about the illegality, they have to prove to me that I knew about it and did it anyway. At least that's what you read a lot on the net..

Unfortunately, ignorance doesn't protect you from punishment, so I don't think they necessarily have to prove intent - they can punish you without it

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Jasonknz878
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Charge of unauthorized gambling ( 285 StGB)

27th Sep. 2024, at 01:50 am CEST#387
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After researching and talking to lawyers and acquaintances, I now think that such proceedings can also be discontinued due to the lack of public interest in prosecution as a first offender or can be regarded as minor.

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Saphira
Expert

Charge of unauthorized gambling ( 285 StGB)

27th Sep. 2024, at 02:18 am CEST#388
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In the case of illegal gambling, the interest is already given ex officio. If you are arguing with your neighbor about a pear hanging over some fence and nobody knows exactly who it belongs to, then the public interest is not given. I would stick with legal advice. As Gamble1 has already said, ignorance is no defense against punishment. If you buy things on eBay that have "fallen off a truck" somewhere, you automatically make yourself liable to prosecution.

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MisterL
Expert

Charge of unauthorized gambling ( 285 StGB)

27th Sep. 2024, at 04:02 am CEST#389
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the state coffers must be filled, instructions from the very top.

one cog in the wheel

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pirat107
Visitor

Charge of unauthorized gambling ( 285 StGB)

27th Sep. 2024, at 06:39 am CEST#390
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Hi Jason!
I recently went through something similar. In my case it was 80 daily rates according to the penalty order. For each transaction to the casino (i.e. for each depositor and thus participation in illegal gambling) a penalty of 5 daily rates is set (at least that was the case for me). However, because there were many more in my case, a more lenient overall sentence was imposed (according to my lawyer, this is usual, as my number of transactions would have landed me above the maximum sentence of 180 daily rates). Now what I am asking myself and what is essential is: What does it say about the transactions? Were the depositors paid directly from your bank account to the casino? Or did the payments from your bank account first go to a third-party Provider? Such as an e-wallet or similar? This is very important because there may be a lack of evidence (which fortunately was the case in my case). I'm also surprised that you're only talking about a fine of daily rates. Normally, all wins would also have to be confiscated, as they come from illegal activities. Is none of this mentioned in the penalty order?
Basically, it's bad if the penalty order is already there... you usually have the best chance of a dismissal in the preliminary proceedings... i.e. in the period after receiving the police summons. However, it is still possible...
One more question: has your account been closed by the bank? Have you given the bank answers to any questions? They will probably have suspected money laundering and asked what the transactions were?

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moralischverwerflich
Expert

Charge of unauthorized gambling ( 285 StGB)

27th Sep. 2024, at 07:26 am CEST#391
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gamble1 wrote on September 26, 2024 at 11:29 pm:

The topic has not yet landed on the table of a public prosecutor in every federal state because such a tough approach has not been carried out for so long

On what grounds do you make this statement?


Contact every public prosecutor's office in Germany?
Just because there is nothing to read about every federal state here and perhaps in other forums, you cannot make such a statement.

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Xavi22
Expert

Charge of unauthorized gambling ( 285 StGB)

27th Sep. 2024, at 09:40 am CEST#392
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Germany is doing away with itself. This kind of thing is punished and if someone hits someone else in the face, there's less

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