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Online Casinos in general: Charge of unauthorized gambling ( 285 StGB) (Page 87)

Topic created on 23rd Jan. 2021 | Page: 87 of 95 | Answers: 943 | Views: 229,345
Heidi54
Rookie

WithoutWings wrote on January 15th, 2025 at 11:37 am:

I have only had paid in and out through it has made no difference to me

But in the end it was discontinued for you, wasn't it?

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Gerdi
Visitor

WithoutWings wrote on January 15th, 2025 at 11:37 am:

I have only had paid in and out through it has made no difference to me

Didn't you once write that the account statement said "trustly/gammix"? Then the origin would be quite clear with gammix?

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Smiley16
Rookie
Most of the people in this thread didn't go or didn't cancel. The letter basically says that if you don't show up or cancel, you assume that you don't want to give any information and the case will be handed over to the responsible prosecution authority. That's what the public prosecutor's office means, isn't it?

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Smiley16
Rookie

Smiley16 wrote on 15.01.2025 at 15:03: Here in the thread, most people didn't go or didn't cancel. In principle, the letter says that if you don't show up or cancel, you assume that you don't want to give any information about it and the case will then be handed over to the responsible prosecution authority. Does that mean the public prosecutor's office?

Does this also apply to credit cards or only bank transfers?

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Druff
Rookie

Smiley16 wrote on 15.01.2025 at 15:03: Here in the thread, most people didn't go or didn't cancel. In principle, the letter says that if you don't show up or cancel, you assume that you don't want to give any information about it and the case will then be handed over to the responsible prosecution authority. That is the public prosecutor's office, isn't it?

Right, then the "investigation file" goes to the public prosecutor's office, and if you receive a letter from them you can still give a lawyer a mandate, there is no disadvantage, if you hire a lawyer directly, the letter from the legal advisor is attached to the file and the file is sent to him, the file still goes to the public prosecutor's office and they decide whether to pursue it.


In any case, the file should only contain the suspicious payments, so I can't see how a letter from the lawyer would make much difference 🤷
Incidentally, there is also no time pressure as the further proceedings should take a few more weeks, they don't just have this/your case on their desk.

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WithoutWings
Expert

Gerdi wrote on 15.01.2025 at 13:09:

Didn't you once write that the bank statement said "trustly/gammix"? Then the origin would be quite clear with gammix?

But also masses of Inpay and other payment providers. I have had up to 10 transactions a day and usually never the same casinos. You can imagine how long a year's bank statement would have been 😅

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Gerdi
Visitor

WithoutWings wrote on 16.01.2025 at 07:36:

Inpay and other payment providers en masse, among others. I've had up to 10 transactions a day and usually never the same casinos. You can imagine how long a year's bank statement would have been 😅

However. To be honest, it doesn't sound very healthy either, so honestly: I hope you're doing well and you're in control

In any case, it's interesting (and not necessarily reassuring) that payments are apparently also tracked where no name of a casino or Provider appears on the transfer. Proving that it is actually a payout from a casino is likely to be much more difficult than if there is clearly a name.

Why were the proceedings discontinued in your case? According to §170, i.e. lack of suspicion, or according to §153, i.e. lack of public interest?
This could be of interest if the public prosecutor's office wants to confiscate the wins after all, as in the case of the other colleague, because as I understand it, if the case is dismissed under §153, it is assumed that the person is guilty but no punishment is imposed because it is the first time or no one has really been harmed. In this case, however, the confiscation of the payments can be ordered for up to 30 years, even though the proceedings themselves have been discontinued and the "perpetrator" has not been punished.
If, on the other hand, proceedings are discontinued under Section 170, it is not at all certain whether an offense has actually been committed and the proceedings are therefore discontinued - in this case, it would be much more difficult to justify confiscation of the proceeds (wins), as I understand it.



Could someone with legal knowledge evaluate this?

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Detok
Visitor
So when I read all this, I'm really glad that I live in Switzerland. Here I can pay everything into my bank account without any problems and without anyone asking.

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Theodor
Rookie

Gerdi wrote on 16.01.2025 at 09:02:

Indeed. Honestly doesn't sound very healthy either, so honestly: I hope you're doing well and you have yourself under control

In any case, interesting (and not necessarily reassuring) that apparently even those payments are being tracked where no name of a casino or Provider appears on the transfer. Proving that it is actually a payout from a casino is likely to be much more difficult than if there is clearly a name.

Why were the proceedings discontinued in your case? According to §170, i.e. lack of suspicion, or according to §153, i.e. lack of public interest?
This could be of interest if the public prosecutor's office wants to confiscate the wins after all, as in the case of the other colleague, because as I understand it, if the case is dismissed under §153, it is assumed that the person is guilty but no punishment is imposed because it is the first time or no one has really been harmed. In this case, however, the confiscation of payments can be ordered for up to 30 years, even though the proceedings themselves have been discontinued and the "perpetrator" has not been punished.
If, on the other hand, proceedings are discontinued under Section 170, it is not at all certain whether an offense has actually been committed and the proceedings are therefore discontinued - in this case, it would be much more difficult to justify confiscation of the proceeds (wins), as I understand it.



Could someone with legal knowledge evaluate this?

Regarding your question about Inpay etc. You have to explain to the bank where these incoming payments come from. If you cannot explain this, a money laundering report will be issued and then you will have to disclose it to the public prosecutor's office at the latest, because otherwise, as I said, money laundering will be assumed.

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Gerdi
Visitor

Theodor wrote on January 16th, 2025 at 11:11 am:

Because of your query regarding Inpay etc. You have to explain to the bank where these incoming payments come from. If you cannot explain this, a report for money laundering will be issued and then you will have to disclose it to the public prosecutor's office at the latest, otherwise, as I said, money laundering will be assumed.

In other words, as long as my bank has never approached me, I can think I'm on the safe side? There have also been cases in which the police have written to me without the bank having canceled an account or made an inquiry beforehand?

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