Criminal investigations against users of illegal online gambling services have increased significantly in recent years. Law enforcement agencies are increasingly analyzing payment flows, which is bringing players into focus more and more often – often without them knowing that the provider they are using does not have a valid German license.
In a recent criminal case related to online gambling, lawyers István Cocron from the law firm Cocron Rechtsanwälte and René Scheier from Legal Defenders were able to secure a full acquittal for a client.
For the client, the verdict meant not only complete exoneration from criminal charges, but also the averting of significant financial risks.
In this article you will learn:
– what criminal risks players may face when using unlicensed gambling platforms
– which is why an indictment does not automatically lead to a conviction
– how to build a successful defense in an investigation or criminal proceeding
– how those affected should react if criminal proceedings are initiated against them
Initial situation: Allegation of participation in illegal online gambling
The public prosecutor accused the client of participating in illegal online gambling (Section 285 of the German Criminal Code). According to the investigating authority, the player should have checked whether the provider was listed on the whitelist of the Joint Gambling Authority of the Länder (GGL).
Furthermore, there was even a suspicion of money laundering at one point – an accusation that can have far-reaching criminal consequences for those affected.
In addition, the public prosecutor’s office requested the confiscation of interim profits amounting to over 68,000 euros (Sections 73 et seq. of the German Criminal Code). For many defendants, this financial risk represents a greater burden than the actual criminal sanction.
The result: complete acquittal
After the main hearing, the court reached a clear decision:
The defendant is acquitted.
The costs of the proceedings are borne by the state treasury.
In the court’s opinion, no criminal conduct on the part of the player could be established. For the client, this verdict means not only criminal rehabilitation, but also the end of a considerable personal and economic burden.
What lessons can be learned from this?
Many people affected react too late to summonses or investigations or make wrong decisions – often due to fear, uncertainty or lack of knowledge of the legal situation. However, the recent acquittal clearly shows:
An indictment does not automatically lead to a conviction.
What is crucial is how early and strategically a defense is built. Legal proceedings, especially those related to online gambling, are complex. Those who act without a clear strategy risk making unnecessary statements to investigating authorities, facing financial disadvantages, or making avoidable errors in the process.
Alongside criminal proceedings, it is often examined whether civil law options exist – in particular the recovery of gambling losses.
The law firm Cocron Rechtsanwaltsgesellschaft GmbH & Co. KG (Berlin and Munich) represents clients nationwide together with lawyer René Scheier both in criminal proceedings and in the enforcement of possible claims for reimbursement.
How those affected should act now
Anyone who receives a summons, hearing notice or indictment should remain calm and not rush into anything. The following steps have proven particularly effective:
• Do not make any statements to the police or public prosecutor’s office without prior legal advice.
• Consistently exercise the right to remain silent
• Do not submit any written statements
• Engage a specialized criminal defense lawyer early on
• Have a lawyer request access to the files
• Have the evidence and potential risks professionally analyzed
• Develop an individual defense strategy
• Have potential civil claims reviewed in parallel
Conclusion
Even in seemingly difficult or hopeless situations, realistic defense options exist. Those who seek professional legal support early on can decisively influence the course of criminal proceedings – both legally and financially.
Are you affected yourself?
Have you come under the scrutiny of the investigating authorities? Then have your legal situation reviewed early on.
If you are under investigation for online gambling or have received a summons, a quick legal assessment of the allegations is recommended.
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About lawyer István Cocron
István Cocron is a lawyer and has been intensively involved for many years with the civil law recovery of losses from online gambling. In this area, he has already represented more than 3,000 clients against illegal gambling providers.
For the legal assessment, the amount of money lost is irrelevant. Auch kleinere Summen können grundsätzlich von illegalen Anbietern zurückgefordert werden.
Über Rechtsanwalt René Scheier
René Scheier is a lawyer specializing in white-collar crime.
He regularly defends players, intermediaries and providers in investigations concerning illegal online gambling. A particular focus of his work is on early defense in the investigation process and on examining whether the legal requirements for criminal liability are met at all.
FAQ
What should I do if I am being investigated for illegal online gambling?
If criminal proceedings have been initiated against you for illegal gambling (Section 285 of the German Criminal Code), you should not make any statements to the police or public prosecutor’s office before you have sought legal advice. Only after reviewing the case files can it be assessed which specific accusations are being made and which defense strategy makes sense. Early legal review can be crucial to realistically assess risks and avoid mistakes.
How can I prevent profits or funds from being confiscated?
In proceedings concerning illegal online gambling, public prosecutors often request the confiscation of winnings or so-called interim winnings (Sections 73 et seq. of the German Criminal Code). Whether such asset confiscation is legally permissible depends heavily on the specific individual case. A careful analysis of the allegations and the underlying payment flows can be crucial in defending against unjustified seizures.
How should I communicate with authorities?
Many victims make the mistake of speaking to investigating authorities at an early stage. In practice, however, this can be a disadvantage. It is often advisable to first exercise the right to remain silent and have communication conducted through a lawyer. So kann zunächst geprüft werden, welche Beweise tatsächlich vorliegen und wie eine Verteidigung strategisch aufgebaut werden sollte.
Do I need to check myself whether an online casino has a German license?
According to some public prosecutors, such a duty to examine can be attributed to players. However, whether this actually results in criminal liability is a complex legal question that must be assessed in each individual case.
Can players reclaim losses from illegal online gambling?
Yes. In many cases, civil claims for reimbursement exist against providers who operated in Germany without a valid license. The legal assessment does not fundamentally depend on whether the amounts involved are small or large.
Does criminal proceedings affect potential claims for reimbursement?
A criminal investigation against a player does not automatically mean that there are no civil claims. In practice, both aspects are often examined in parallel.
That is precisely why it makes sense to have both the criminal situation and possible claims for reimbursement reviewed legally at an early stage.
