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gamble1, on 16th May. 2024 at 05:26 pm CEST
Indication because of §285 StGB
Liked this post: s00pernanny
Well bit funny the thread came across already at the beginning when 2 important facts were wrong.
One was the person you talked to - that Julian didn't know anything about it
and the other fact, that the period of your big win was wrong by one year.
I don't know what's up with that, will think about it later when I'm done with the work.
Until then, here's the info from my side: I've been playing online for about 10 years now, certainly deposited over 100,000 euros, but also paid out over 100,000 euros. I have used various German accounts, Sparkasse, Barclays Bank, Deutsche Bank and so far nothing has ever been done against me. There have been no investigations, no letters, nothing and I still play to this day, even though I have rarely uploaded videos lately.
I can understand that your emotions are boiling up - maybe you really send me the search warrant. There's no reason for the search, is there?
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Indication because of §285 StGB
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Currently you can not do much but to consult intensively with your lawyer. Maybe mention that it has an EU license and you have always been told that it would be legal. Also the television commercials have made their contribution.
If they seize the account, try to get the bank to refund the bets, even if it is very difficult. But DE is just completely interested in charging the citizen, who else creates such a bad situation?
In any case, I have not paid in for a few days. I prefer to wait and withdraw from gambling online for now. Then play 2-3 times a year in a casino.
Wish you a lot of strength, thank you for sharing your experience with us. Long prison sentences are only for extreme cases, I think if you are convicted will be quite a repayment of certain amounts are required. But this can be paid in installments. I don't want to be in such a situation.
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Indication because of §285 StGB
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i understand your irritation. The action of the authorities described by you is extremely disproportionate.
My unconditional advice:
Take you absolutely and immediately a lawyer familiar with the matter and communicate only about him with the authorities.
In the only case known to date in Germany in which a gambler was to be prosecuted for participating in gambling that is not permitted by German standards, the Munich Regional Court expressly acquitted the gambler in a judgment dated July 28, 2016 since Section 285 of the German Criminal Code is not even applicable in German criminal law due to the current legal situation . The file number to the judgment of the Munich Regional Court is 15 NS 254 Js 176411/13 .
This judgment is mentioned here, for example:
https://www.lto.de/recht/nachrichten/n/lg-muenchen-i-deutsches-strafrecht-nicht-anwendbar-gluecksspiel-online-internet/
Please ask your lawyer to refer to this decision of the Regional Court and thus to work towards an unconditional discontinuation of the proceedings.
If you do not have a lawyer yet, I would recommend you to take one from the law firm Hambach & Hambach from Munich (www.timelaw.eu) . Not only have they repeatedly brought down German gambling laws before the European Court of Justice, but to my knowledge they have also conducted the aforementioned proceedings at the Munich Regional Court.
Good luck with it and keep us gladly up to date.
I am convinced that you will achieve a quick termination of the proceedings with this approach.
roro28
Edit by Admin: I have made the links clickable. Thanks for this helpful post on this topic.
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Indication because of §285 StGB
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Caution! As long as the case has not been heard or dismissed, you are not allowed to publish court documents (e.g. a search warrant). This could get you into additional, unnecessary trouble.
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Indication because of §285 StGB
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Edit: Well, you were lucky again. Hesse has just abolished it
Germany has been abolishing itself for a long time
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The search itself was not illegal, the presumption of finding evidence in connection with online gambling was very high (Pc, cell phone, tablet) and that is enough.
Thank you.
Ok, can a mod on page 2 remove my link?
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Then maybe you were just lucky that no one followed up with you. I think anyway, that in the last year - until today there is a lot going on in this matter, and much more is being looked into
The reason for the search was to find evidence regarding online gambling
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Indication because of §285 StGB
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You can call, register, Deposit, withdraw etc. in various OC from Germany.
Why can a normal person who gambles in the OC then ankacken for it if there is only wischi waschi statements, at least the statements and articles that one finds so via google.
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You can also buy drugs on the Internet. Is still illegal. Just because something is possible it is not legal.
According to German courts, Online Casinos are illegal. By now, everyone who is registered here should know that.
Taxes have to pay the casinos anyway, because you have to pay taxes even for illegal activities.
If anyone thinks that EU law is decisive, he can gladly file a lawsuit. I am curious how this case will turn out. May be trend-setting.
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Indication because of §285 StGB
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Please forgive me if you're telling the truth, but there's been a lot of unrest here, so I just can't rule it out for myself
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