Another defendant in the field of online gambling has been completely acquitted in court. In collaboration with René Scheier, István Cocron achieved another success for a client who had previously gambled with an illegally operating provider.
The player had been accused of participating in illegal online gambling.
According to the public prosecutor’s office, he violated Section 285 of the German Criminal Code. The prosecution based its finding of criminal liability on the fact that the provider’s lack of authorization resulted from the so-called whitelist of the Joint Gambling Authority of the Federal States (GGL), which the player should have checked independently. Even before the actual indictment, an investigation had been launched on suspicion of money laundering – an accusation that is increasingly raised in similar cases.
Furthermore, the public prosecutor’s office requested the confiscation of the interim profits earned, amounting to over 25,000 euros. The basis was the regulations on criminal asset confiscation pursuant to Sections 73 et seq. of the German Criminal Code (StGB), which aim to confiscate financial gains obtained from criminal offenses.
Court denies criminal liability
Following the main hearing, the competent criminal court made a clear decision:
The defendant is acquitted. The costs of the proceedings are borne by the state treasury.
The decision once again underlines the importance of a consistent criminal defense in online gambling proceedings.
Following numerous dismissals of cases in favor of clients, this is already the second consecutive acquittal achieved through the cooperation of Cocron and Scheier. “In parallel to the criminal proceedings, we always also consider civil law steps to recover the losses,” explains lawyer Cocron.
Cocron Rechtsanwalts GmbH & Co. KG, with offices in Berlin and Munich, represents clients nationwide together with attorney Scheier in both criminal proceedings and the enforcement of civil claims.
Behavioral recommendations for those affected
Anyone who receives a summons or indictment for online gambling should act in a structured and calm manner:
– Do not make any statements without legal advice.
– Vom Schweigerecht konsequent Gebrauch machen.
– Do not write your own statements.
– Consult a specialized lawyer early on.
– Request access to the case file through the defense attorney.
– Review the evidence and facts after inspecting the files.
– Develop a tailored defense strategy.
– Have potential claims for reimbursement reviewed in parallel.
The recent acquittal clearly demonstrates how crucial an early and well-thought-out defense can be.
