Does it make sense to have a separate public prosecutor's office for illegal betting providers?

In mid-December, the German interior ministers agreed that illegal gambling offers from foreign providers should be consistently prosecuted and severely punished. In this context, there was also a proposal to set up a special public prosecutor's office to deal with such illegal gambling offers. But how sensible is such a proposal?

So far, foreign gambling companies have had little to fear in this country if, for example, they provide illegal betting offers on the Internet. The majority of criminal charges filed against foreign gambling providers have been dropped by the public prosecutor's offices. The reason given: German criminal law only applies in the Federal Republic of Germany and therefore does not apply to gambling providers based abroad. As recently as last November, we reported here on a major raid on illegal gambling in East Frisia.

Is the German justice system powerless against foreign gambling providers?

Since 2023, the Joint Gambling Authority of the German federal states (GGL) has filed a total of 70 criminal charges against gambling providers from abroad who did not have the appropriate license and are therefore illegal in Germany. Despite the fact that the foreign providers offered an illegal gambling service, 67 criminal proceedings alone were dropped, according to the Saxony-Anhalt Ministry of the Interior. The reason given: German criminal law does not apply to gambling providers based abroad.

This argument is of course a kind of free pass for all foreign gambling providers that offer sports betting or casino games on the Internet without a German license. What is particularly annoying for the German justice system is the fact that many foreign gambling providers even specifically target German-speaking players. At present, it is therefore virtually impossible to sanction violations by foreign providers - an unsatisfactory situation not only for the public prosecutor's offices, but especially for the gambling authority based in Halle.

The German interior ministers also agree that the situation is no longer acceptable. At the last conference of interior ministers in Rheinsberg, Brandenburg, at the end of last year, they agreed that illegal gambling offers from foreign providers must be uncovered, prosecuted and punished.

Can a separate public prosecutor's office for illegal gambling providers solve the problem?

The Ministry of the Interior of Saxony-Anhalt is now proposing the establishment of a nationwide public prosecutor's office, which could be based in Halle, where the gambling authority is also based. Legal expertise could then be pooled here in order to be able to take more efficient action against illegal gambling providers from abroad in future.

The GGL welcomes this proposal in principle, but at the same time is calling for the judiciary to be given the appropriate legal basis to take action against illegal gambling providers from abroad. At this point in time, however, it is not yet clear how the laws need to be adapted in order to ensure more effective prosecution of illegal providers abroad in the future. In the summer of 2022, we already asked ourselves whether the gambling authorities would start IP blocking in order to take better action against illegal gambling offers.

Conclusion

The Saxony-Anhalt Ministry of the Interior is proposing a separate public prosecutor's office to deal with illegal gambling offers from foreign providers. However, more important than the establishment of such a specialized public prosecutor's office would be the creation of a legal basis that would enable the German judiciary to take action against illegal gambling providers based abroad. So far, almost all criminal proceedings initiated against illegal gambling providers from abroad have been dropped.

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