Several million adults in Germany participate in gambling – whether in the form of online sports betting, online casinos or lottery games. Experts warn of a rising addiction to gambling, and the gambling market, with over 6,000 providers, is a multi-billion-dollar industry. But what many people don't know is that participating in unlicensed gambling can have criminal consequences.
According to § 285 of the German Criminal Code (StGB), anyone who participates in an unauthorized game of chance is liable to prosecution. This can be punished with a prison sentence of up to six months or a fine of up to 180 daily rates. Recently, there has been an increase in criminal proceedings against players – a topic that has received little attention so far, but is becoming increasingly relevant.
"Whitelist": Which gambling providers are legal?
Whether or not online gambling is legal is determined by the German Interstate Gambling Treaty (Glücksspielstaatsvertrag, GlüStV). The"whitelist" lists all providers that have official permission. The approximately 170 licensed gambling providers include, for example:
- Lotto Rheinland-Pfalz GmbH
Tipico
- bwin
- Betkick
All operators and brokers not included in the "whitelist" are unauthorized gambling providers. Licensed gambling operators and brokers are obliged to encourage players to gamble responsibly and to prevent the development of gambling addiction. Before starting to gamble on the whitelist, players are recommended to inform themselves about the listed providers.
Initiation of criminal proceedings
Many players only become aware of the criminal risks when proceedings have already been initiated against them. This often begins with a report of suspicion by the bank in accordance with § 43 of the Money Laundering Act (GwG) as soon as payments to unlicensed gambling providers are detected.
Particularly explosive:
The amount of the stakes or winnings is irrelevant – even small amounts can lead to the initiation of proceedings.
Investigations often concern transactions that took place months or years ago.
Ignorance is no excuse – anyone who relies on dubious providers is taking a high risk.
Error regarding the existence of an official license
Most participants in such games of chance are unaware that the online gambling provider is not registered in the official list of gambling in Germany.
The problem:
Many providers specifically advertise their EU license to give the impression of respectability.
As a result, players are lulled into a false sense of security and are often unaware that their actions could be punishable.
The wide range of online gambling makes it difficult to distinguish illegal from legal providers.
Since the necessary intent is often lacking, there is a good chance that proceedings will be discontinued – either due to insufficient suspicion or due to minor culpability.
What to do if criminal proceedings have been initiated
Anyone affected by proceedings under § 285 StGB should seek legal advice immediately. A lawyer specializing in criminal law can determine whether it is possible to discontinue proceedings and which legal steps are appropriate.
Our recommendation:
Seek advice at an early stage to minimize risks and make the most of your legal options.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.