Are you under investigation for illegal online gambling?
A summons from the criminal police on suspicion of illegal online gambling can come as a shock to many. Anyone who previously thought that only online casino operators were subject to prosecution will quickly learn otherwise. Players, too, can become targets of investigators and face serious consequences. But before you act rashly or make ill-considered statements, you should thoroughly inform yourself about your rights and the correct course of action.
On this page we explain the legal basis, show why you may have received a summons and what measures you should now take.
Received a letter from the police: This is why you are receiving a summons.
German legislation regulates online gambling very strictly. While there have been legal providers since the reform of the Interstate Treaty on Gambling in 2021, many foreign online casinos still operate without a German license. Participation in such illegal gambling can be considered an administrative offense or even a criminal offense. Investigations often arise from tips from banks reporting suspicious transactions, from complaints by third parties, or from large-scale police investigations against the providers themselves, during which the players are also identified.
Particularly insidious: Before 2021, and thus before the reform of the Interstate Gambling Treaty, almost all online casinos were illegal because they lacked a valid German license. If you played at these online casinos before 2021, you can face legal consequences.
The police have summoned you for questioning to determine the extent of your involvement in illegal gambling. While a summons does not automatically imply guilt, you should take it seriously and prepare accordingly.
Legal Basis for Criminal Offenses: Section 285 of the German Criminal Code (stgb) & Section 286 of the German Criminal Code (stgb)
A key aspect of investigations into online gambling is its classification under criminal law. Sections 285 and 286 of the German Criminal Code (StGB) are particularly relevant here.
- According to Section 285 of the German Criminal Code (StGB) , anyone who participates in illegal gambling is committing a crime. This means that not only the operators but also the players can be prosecuted. However, the actual prosecution of players is not always equally likely – often, the proceedings are discontinued upon payment of a fine.
- Even more serious are the potential financial consequences arising from Section 286 of the German Criminal Code (StGB) , which deals with the confiscation of proceeds of crime. Winnings derived from illegal gambling can be confiscated by the state. This means that players who have won in an illegal online casino not only face criminal prosecution but also risk losing their winnings entirely. This can be proven through bank account audits or transaction analysis.
This is how criminal proceedings against you will commence.
Most investigations begin with the identification of payment transactions to illegal gambling providers. Banks are legally obligated to report suspicious transfers, especially those to known illegal gambling platforms. Additionally, there are cases where former online casino customers testify against other players, or where player data is seized through general raids.
If criminal proceedings are initiated against you, this does not necessarily mean a conviction. However, you should be aware that the authorities have extensive powers to gather evidence. As soon as you receive a summons, you should not make any rash statements and should consult a lawyer first.
What are the potential consequences of a conviction?
The legal consequences can vary depending on how the authorities assess your case. While some proceedings are dropped, others may result in substantial fines.
Generally, according to § 285 of the German Criminal Code (StGB), the following penalties can be imposed for participation in illegal online gambling:
- Prison sentence of up to 6 months
- Fine of up to 180 daily rates
Another critical point is your criminal record . An entry can have significant repercussions for your professional future, especially if you work in sensitive fields such as finance or law. Furthermore, a conviction can lead banks to terminate their business relationship with you, as you will be considered a high-risk client.
Your Rights During the Investigation
As a suspect, you have various rights that you should definitely know and use:
- Right to remain silent : You are not obligated to provide information that could incriminate you. Exercise this right to avoid putting yourself in a worse position. First, contact a lawyer specializing in online gambling law for legal advice.
- Right to inspect files : Your lawyer can request access to the investigation files to find out what evidence exists against you.
- Right to legal representation : A lawyer can not only protect your interests, but also obtain a discontinuation of proceedings or a more lenient sentence.
Recommendations for action for those affected
If you have received a summons, the first thing to do is remain calm. The initial impulse to speak directly with the police is often not the best option. Instead, the following applies:
- Make no statement without a lawyer: Do not make any statements before speaking with a lawyer. Many investigations rely on the statements of those involved, and even the smallest remark can be used against you.
- Don’t let the police pressure you: Even if the officers seem polite or understanding, their goal is to obtain as much information as possible.
- Observe deadlines and react accordingly: Ignoring a summons is not a wise strategy, as this can lead to further measures such as a house search.
- Consult a lawyer: An experienced lawyer can develop an individual defense strategy. In many cases, it is possible to have the proceedings dropped in exchange for a fine or even without a penalty altogether.
Our law firm has extensive experience defending clients in investigations related to online gambling. Thanks to our specialized expertise, we have successfully prevented convictions in all cases we have handled to date.
Course of an investigation into illegal online gambling
An investigation begins with the initiation of inquiries by the public prosecutor’s office and the police. This is followed by the collection of evidence, during which witnesses are questioned, bank statements are reviewed, and house searches may be conducted. Afterward, the public prosecutor’s office decides whether to file charges or discontinue the proceedings. Early legal intervention can lead to a discontinuation in many cases.
Received a summons for illegal online casino use: How we can help you
An experienced criminal defense attorney understands the intricacies of gambling law and can develop strategies to minimize the consequences for you. This includes, among other things, reviewing the evidence, negotiating with the prosecution, and requesting a dismissal of the case.
Attorney Istvan Cocron was one of the first lawyers in Germany to specialize in the legal field of “online gambling & sports betting”. He is a nationally recognized expert in this area and has made numerous media appearances (ARD, ARTE, Bayerischer Rundfunk, Handelsblatt, etc.).
Free Initial Consultation
We offer a free initial consultation in which we will inform you about your possible rights.
Review of Your Information
Our lawyers will review the data you have submitted and advise you on the most appropriate defense strategy for your situation.
Enforce your rights
Thanks to our specialized expertise, we have been able to prevent convictions in all cases we have handled so far. Naturally, we aim to achieve the same in your case.
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FAQs: What you might still have questions
The duration of legal proceedings can vary, but usually ranges between six months and one year. However, out-of-court settlements are common and can shorten the process.
Investigations are usually triggered by automated reports from banks or payment service providers. These institutions are legally obligated to report suspicious transactions to the relevant authorities.
Participants in illegal gambling face imprisonment of up to six months or a fine of up to 180 daily rates according to § 285 of the German Criminal Code.
Upon receiving a summons, it is important to remain calm, avoid making any hasty statements, and contact a specialized criminal defense attorney immediately. Furthermore, all relevant documents should be carefully documented.
Yes, many legal expenses insurance policies cover the costs of defense in cases of illegal online gambling. It is advisable to clarify this with your insurance company and lawyer.
No, you are not obligated to appear. However, it may be strategically advisable to respond in consultation with a lawyer.
Hiring a lawyer is strongly recommended, as they can review the investigation file and develop a suitable defense strategy.
No, there are licensed providers. However, anyone playing with unlicensed providers may be committing a crime.
With good legal advice, there is often a good chance of the proceedings being discontinued.
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