Germans receive more reports of illegal gambling

Illegal gambling seems to be a much-discussed topic more than ever since the State Treaty on Gambling came into force in 2021. Indeed, it has become clear over time that a huge number of Germans continue to access such services, especially online. For most people, the legal risks of using such services are apparently not worth mentioning. However, several media have now reported on the increasing number of prosecutions. What is the reason for this?

Much has changed in the German gambling and sports betting landscape since the State Treaty on Gambling (GlüStV) came into force in 2021. The main change is that it is now possible to use fully legal online gambling venues, i.e. web casinos, sports betting providers or poker portals. These are licensed in Germany and follow the local legal regulations.

However, the latter come with a number of restrictions which, for example, make playing in German online casinos less enjoyable and less lucrative than it used to be for a significant number of people. This, in turn, means that the number of people who prefer to use foreign offers instead of playing on platforms regulated in Germany is still quite high.

For example, the University of Leipzig recently published a critical study showing that more than 75 percent of German gamblers use unregulated gambling. Under international licences from Malta or Curaçao, fans find familiar structures - without the 5-second rule, gambling tax or other often unpopular regulations that apply in Germany.

The Joint Gambling Authority of the German States (GGL), politicians and legal experts regularly warn against visiting such digital gambling sites. The general tone is that they offer an increased risk of gambling addiction and are, of course, a criminal offence for customers from Germany. As recently as December, the GGL advised against participating in the Spanish Christmas lottery El Gordo via illegal secondary lotteries based abroad and described the possible penalties. However, these and similar statements seem to hardly reach the players and - if they do - do little to deter them. Recently, however, German citizens have been receiving an increasing number of criminal complaints in connection with participation in illegal gambling. Why is this happening?

Why did the number of criminal charges for illegal gambling increase at the end of 2023?

Among other things, the Nordbayrischer Kurier reported a comparatively high number of reports on the use of illegal gambling on the Internet at the end of 2023. Previously, similar reports had also appeared in other regional and national newspapers or legal portals.

A clear explanation can be found in the Kurier report. It quotes a statement from the Upper Franconian police, according to which many banks have identified credit notes from illegal gambling providers during their annual turnover checks.

• According to the statement, the majority of these critical transactions originated from companies based and licensed in Malta.
• Furthermore, the suspicious bookings were already in the double-digit euro range.

Once this happens, the authorities take over the investigation, which eventually leads to more prosecutions. Players will then receive mail from the police or prosecutors.

In some cases, ignorance can protect you from punishment: Is it intentional or not?

According to legal portals, the crux of the matter and the decision as to whether a fine or prison sentence is imposed or further prosecution is waived often lies in answering the question "intent - yes or no?".

Did the player in question know that the offer in question was illegal in Germany? Simply claiming that this fact was not clear is of course not enough here, according to the lawyers. It often depends on the individual case. It must be weighed up from case to case whether the use was intentional or actually unknowing.

The chances of getting out of such a process without being prosecuted are not bad, as many of the organisers of illegal gambling in this country would suggest legality through a German-language website, corresponding support and similar elements. However, it is not possible to be certain about the arguments derived from this.

Conclusion

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