Minister of Justice wants to decriminalise illegal gambling

The Federal Minister of Justice, Marco Buschmann (FDP), wants to relax criminal law and, among other things, decriminalise participation in illegal gambling. Shortly afterwards, the first critical voices were raised by the federal government's addiction commissioner and several associations. But what would be the consequences of removing illegal gambling from the penal code?

It was only a few days ago that we reported here at GambleJoe that Germans were being reported more frequently for illegal gambling. Will this soon come to an end? If Federal Minister of Justice Marco Buschmann has his way, then yes. The FDP politician recently proposed decriminalising illegal gambling. This would involve removing the offence from the penal code.

Will participation in illegal gambling soon only be an administrative offence?

Federal Justice Minister Buschmann has proposed decriminalising illegal gambling and downgrading it to an administrative offence. However, this would place a burden on the regulatory authorities, who would have to deal with the prosecution of offences and impose fines. Those affected could then appeal against the fines, meaning that many cases would end up in the courts.

Specifically, Buschmann wants to remove §285 from the penal code. This currently reads:

"Whoever participates in a public game of chance (§284 StGB) shall be punished with imprisonment of up to six months or a fine of up to one hundred and eighty daily rates.

If illegal gambling were to be downgraded to a misdemeanour, the regulatory authorities would only be able to impose fines, not imprisonment. In addition, it would no longer be possible to register an offence with the police, as only criminal offences are recorded there.

If the FDP minister has his way, not only illegal gambling will be removed from the penal code. Fare dodging', which is rightly regarded as an offence of fraudulent obtaining of benefits and is regulated in Section 265a of the Criminal Code, is also to be downgraded to an administrative offence.

Judges' association and German vending machine industry criticise plans

Meanwhile, the German Association of Judges (DRB) and the German Vending Machine Industry (DAW) have already spoken out and criticised the Minister of Justice's plans.

Sven Rebehn, Federal Managing Director of the DRB, summarised the proposal as follows:

"This would be wrong in terms of criminal policy".

Rebehn also pointed out that organised crime is often involved in illegal gambling. This must be combated effectively with the instruments of criminal law.

Similarly critical words have been heard recently from the German vending machine industry (DAW). In particular, reference has been made to the rapidly growing black market in Germany. According to the DAW, it must be assumed that currently every third stationary gaming machine is illegal.

And what does the German Gambling Authority say?

The Joint Gaming Authority of the Federal States (GGL) is not in favour of Buschmann's plans either. According to the GGL, the state must use all legal means at its disposal, including criminal law.

Burkhard Blienert (SPD), the federal government's addiction commissioner, has also spoken out in favour of Buschmann's plans. According to him, this measure could lead to a "loss of control".

Buschmann has not yet made a public statement on the critical opinions.

Conclusion

For players who play in online casinos without a German licence, it would certainly be desirable to decriminalise illegal gambling and downgrade it to an administrative offence. At the same time, however, it would probably also encourage organised crime, as many illegal gambling sites can be traced back to organised crime structures. Nevertheless, participation in illegal gambling would remain a criminal offence. Instead of a fine or imprisonment, those affected would 'only' have to pay a fine. The German slot machine industry, the German Association of Judges, the joint gambling authorities of the federal states and the addiction commissioner of the Federal Government have already spoken out clearly against the plans of the Federal Minister of Justice.

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