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Online Casinos in general: Charge of unauthorized gambling ( 285 StGB) (Page 93)

Topic created on 23rd Jan. 2021 | Page: 93 of 96 | Answers: 959 | Views: 237,001
Heidi54
Rookie

Charge of unauthorized gambling ( 285 StGB)

4th Feb. 2025, at 05:59 am CET#925
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WithoutWings wrote on 03.02.2025 21:37:

In short, I was reported and my girlfriend was reported by the house bank, in my case there were even 2. It was a total of 110,000 approx. everything was stopped. Legal fees totaling 3300 euros.

Was your girlfriend only a co-owner of the account or was she accused of her own crime?


But that's really good, you can see again that it can be done. I'm not assuming you're from Bavaria? 😄

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Gerdi
Visitor

Charge of unauthorized gambling ( 285 StGB)

4th Feb. 2025, at 07:34 am CET#926
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WithoutWings wrote on 03.02.2025 at 18:41: Something positive for once ... The second procedure was also discontinued 👍Finally peace ✌️

Was it discontinued n ach §170 or after §153?


The difference is that §170 means that you could not prove that the money came from illegal activities. That would really put your mind at rest.

In the case of §153, my understanding is that there is no public interest in a penalty because you have not really harmed anyone (minor guilt), but it is still clear to the public prosecutor's office that it was illegal activity. In this case, the public prosecutor's office can still demand the confiscation of the wins in a few years' time in accordance with Section 76a, which has already happened to some people here.

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WithoutWings
Expert

Charge of unauthorized gambling ( 285 StGB)

4th Feb. 2025, at 09:44 am CET#927
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Gerdi wrote on 04.02.2025 at 07:34:

Was it set n ach §170 or to §153?


The difference is that §170 means that you could not prove that the money came from illegal activities. That would really put your mind at rest.

In the case of §153, my understanding is that there is no public interest in a penalty because you have not really harmed anyone (minor guilt), but it is still clear to the public prosecutor's office that it was illegal activity. In this case, the public prosecutor's office can still demand the confiscation of the wins in a few years' time in accordance with Section 76a, which has already happened to some people here.

According to 153 para. 1

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WithoutWings
Expert

Charge of unauthorized gambling ( 285 StGB)

4th Feb. 2025, at 09:44 am CET#928
1 Like

Liked this post: Avatar von frapi07 frapi07

frapi07 wrote on 03.02.2025 23:04:

Do you have to pay the lawyer's fees yourself, even though your proceedings have been discontinued?

Yes, of course, there was no public defender

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WithoutWings
Expert

Charge of unauthorized gambling ( 285 StGB)

4th Feb. 2025, at 09:45 am CET#929
1 Like

Liked this post: Avatar von Heidi54 Heidi54

Heidi54 wrote on 02/04/2025 05:59:

Was your friend just a co-owner of the account or was she accused of her own crime?


But really good, you can see again that it works that way. I'm not assuming you're from Bavaria? 😄

That was her own doing, she deposited 3000 approx and paid out 54000 and never played before or since.

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KappaKeepo
Rookie

Charge of unauthorized gambling ( 285 StGB)

6th Feb. 2025, at 10:41 am CET#930
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When does this "return of wins" actually expire?
Also 3 years after payout if I have understood correctly or?

I had my big wins in 2022 & 2023.
That means every day without mail is a day where some of my wins are on the safe side or?

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mtorero
Amateur

Charge of unauthorized gambling ( 285 StGB)

6th Feb. 2025, at 12:31 pm CET#931
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KappaKeepo wrote on 06.02.2025 at 10:41 am: When does this "return of wins" actually expire?
Also 3 years after payout if I understood correctly or?

I had my big wins in 2022 & 2023.
That means every day without mail is a day where some of my wins are on the safe side right?

I don't think there is a statute of limitations on the collection of compensation. The public prosecutor's office could, if they need money again, knock on your door in 10 years' time and demand any payouts from 2022, for example.

As lawyers have told me, this is theft by the public prosecutor's office, but we know that where there is money to be had, our cuddly justice system quickly turns into a belligerent and overbearing authority that bullies casino players.

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gamble1
Icon

Charge of unauthorized gambling ( 285 StGB)

6th Feb. 2025, at 01:08 pm CET#932
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mtorero wrote on 06.02.2025 at 12:31:

I don't think there is a statute of limitations for the recovery of compensation. The public prosecutor's office could, if it needs money again, knock on your door in 10 years and demand any payments from e.g. 2022.

As lawyers have told me, this is theft by the public prosecutor's office, but we know that where there is money to be had, our cuddly justice system quickly turns into an aggressive and overbearing authority that bullies casino players.

Sure, confiscation can be time-barred, but that depends on the context. If you have an acquittal, the situation is different than if you have a conviction and confiscation follows.
In the case of an acquittal, the limitation period for confiscation is 5 to 30 years, depending on the seriousness of the underlying offense.
In any case, confiscation can be contested on the grounds of disproportionality. This means that if the authorities want to confiscate €100,000, for example, even though you yourself have lost €500,000 as a result of the offense (e.g. illegal gambling), this would be disproportionate.

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KappaKeepo
Rookie

Charge of unauthorized gambling ( 285 StGB)

6th Feb. 2025, at 01:12 pm CET#933
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it's completely crazy. so in the end, everyone here is screwed.
I wouldn't know what to do if they wanted my 40k back now.
I have nothing left of it. I'm only 21 and have €300 left over at the end of the month.
That would leave me in Debt for half my life and, to be honest, there would be no point in living.

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KappaKeepo
Rookie

Charge of unauthorized gambling ( 285 StGB)

6th Feb. 2025, at 02:09 pm CET#934
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mtorero wrote on 06.02.2025 at 12:31:

I don't think there is a statute of limitations for the recovery of compensation. The public prosecutor's office could, if it needs money again, knock on your door in 10 years and demand any payments from e.g. 2022.

As lawyers have told me, it's theft by the public prosecutor's office, but we know that where there's money to be had, our cuddly justice system quickly turns into an aggressive and overbearing authority that bullies casino players.

One more question for you,

Let's assume they claim back wins from the period 01.01.2022-01.05.2022 and you pay them.
Can they still come after that and, for example, demand back wins from the period 02.05.2022-31.07.2022?
In other words, every cent that you have ever won? Or are they satisfied with one repayment

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