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Online Casinos in general: Charge of unauthorized gambling ( 285 StGB) (Page 82)

Topic created on 23rd Jan. 2021 | Page: 82 of 82 | Answers: 819 | Views: 193,611
Theodor
Rookie

Charge of unauthorized gambling ( 285 StGB)

2nd Jan. 2025, at 11:10 am CET#814
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The thread where this can be found is: "Public prosecutor's office wants confiscation of compensation for lost value." There you will find at least two current cases that are still ongoing.

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KappaKeepo
Visitor

Charge of unauthorized gambling ( 285 StGB)

2nd Jan. 2025, at 11:12 am CET#815
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Theodor wrote on 02.01.2025 at 11:08 am:

I'm not interested in that. There is no comparative calculation. Only the disbursements are deducted, without taking the depositors into account.

Is there a ruling on this? I couldn't imagine. That would completely ruin a lot of people.

According to the internet, the chance of reclaiming losses under §285 is quite high and very likely. (If you didn't know that the casino didn't have a license).

But I think only a lawyer can tell you exactly.

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roccoammo11
Expert

Charge of unauthorized gambling ( 285 StGB)

2nd Jan. 2025, at 01:35 pm CET#816
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KappaKeepo wrote on 02/01/2025 11:12:

Is there a ruling on this? I couldn't imagine. That would completely ruin a lot of people.

According to the Internet, the chance of reclaiming losses under §285 is quite high and very likely. (If you didn't know that the casino didn't have a license).

But I think only a lawyer can tell you exactly.

Ignorance is no defense against punishment and it is difficult to prove. Of course, if the casino advertises specifically for German players and certain paragraphs are missing or incorrectly worded in the terms and conditions, then the casino is helping to encourage an uninformed player to play

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KappaKeepo
Visitor

Charge of unauthorized gambling ( 285 StGB)

2nd Jan. 2025, at 01:45 pm CET#817
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When does the statute of limitations actually expire? I once read from 3 years. From 3 years after payment or from the end of the year?

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bruffl
Expert

Charge of unauthorized gambling ( 285 StGB)

3rd Jan. 2025, at 09:40 am CET#818
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According to a law firm



  • 5 years for offenses punishable by a maximum prison sentence of more than one year and up to 5 years,

  • 3 years for all other offenses.





In other words, after 3 years, starting on January 1 after the last punishable act.

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Heidi54

Charge of unauthorized gambling ( 285 StGB)

3rd Jan. 2025, at 09:45 am CET#819
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bruffl wrote on 03.01.2025 at 09:40: According to a law firm



  • 5 years for offenses punishable by a maximum prison sentence of more than one year and up to 5 years,

  • 3 years for all other offenses.





In other words, after 3 years, starting on January 1 after the last criminal act.

The limitation period begins immediately after the end of the offense. It would be on January 1st of a year in civil law according to the BGB and not in criminal law. At least that is what the legal text says about the statute of limitations in the StGB

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bruffl
Expert

Charge of unauthorized gambling ( 285 StGB)

3rd Jan. 2025, at 11:28 am CET#820
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Heidi54 wrote on 03.01.2025 09:45:

The statute of limitations begins immediately after the act is completed. On January 1st of a year it would be in civil law according to the BGB and not in criminal law. At least that's what the legal text says about the statute of limitations in the StGB

Ohh, I've learned something again. Thank you.

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WithoutWings
Expert

Charge of unauthorized gambling ( 285 StGB)

3rd Jan. 2025, at 01:45 pm CET#821
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On the subject of offsetting losses...

My lawyer told me that she is not aware that the courts later demand back wins, but Bavaria seems to be an exception...

Generally, only wins are offset, the state is not interested in losses.

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frapi07
Elite

Charge of unauthorized gambling ( 285 StGB)

3rd Jan. 2025, at 03:05 pm CET#822
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WithoutWings wrote on 03.01.2025 at 13:45: On the subject of offsetting losses...

My lawyer told me that she is not yet aware that the courts later demand back wins but Bavaria seems to be an exception....

Generally only wins are offset, the state is not interested in losses.

I wonder if you can take action against something like that. So that the accused can defend himself against the confiscation proceedings. Something like an appeal/revision, so that higher instances can also examine it. It can't be that you are disadvantaged in Bavaria while you are safe in other federal states.

Of course the state doesn't care Quite a few people gamble away their savings. So they have no more money and then the state comes knocking and demands the "interim profits" Really ridiculous.

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MisterL
Expert

Charge of unauthorized gambling ( 285 StGB)

3rd Jan. 2025, at 03:08 pm CET#823
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yes, the childcare worker with the hollow frying pan charge, the bavarian public prosecutor's office has also lodged an appeal.

and the one who was charged with cumex was forced to resign

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