More and more citizens are coming under the scrutiny of law enforcement because they unknowingly participated in illegal online sports betting or lotteries. Banks automatically report suspicious transactions – and a summons or questionnaire quickly follows. Particularly problematic: Even lawyers who assist clients with losses can find themselves in the crosshairs.
What does participation in illegal gambling mean?
Section 285 of the German Criminal Code (StGB) criminalizes participation in illegal gambling. This includes online sports betting and online lotteries if the provider does not have a valid license. Many players are unaware of this because websites appear reputable and are licensed abroad. However, in Germany, this is insufficient.
Important: This is an intentional offense. Without knowledge of its illegality, there is no penalty – but this must be proven.
“ Many people don’t realize they’re committing a crime – that’s precisely where our defense comes in. ” – Attorney István Cocron
What risks do those affected face?
• Criminal proceedings: An investigation can be initiated even if you were unaware of the illegality.
• Confiscation of profits: Even if the case is dismissed due to its minor nature, the public prosecutor’s office can confiscate your profits.
• Loss of reputation: Criminal proceedings can have professional and private consequences – even if they are discontinued.
“ We fight to ensure that our clients remain unpunished and keep their profits .” – Attorney István Cocron.
How can a Lawyer help?
A specialized lawyer will examine whether the necessary intent is lacking and advocate for a dismissal of the case under Section 170 Paragraph 2 of the German Code of Criminal Procedure. The goal is not only to avoid punishment but also to prevent the confiscation of your profits.
Legal background and current developments
German gambling law is complex. The Interstate Treaty on Gambling regulates which providers are legal. Many platforms operate with licenses from Malta or Gibraltar – but these are not always recognized in Germany. The Federal Court of Justice recently confirmed that German players can be prosecuted for using illegal providers abroad.
What to do if you receive a summons under Section 285 of the German Criminal Code (StGB)?
• Do not make a statement without a Lawyer: Remain silent until you have legal Counsel.
• Collect documents: Receipts, emails, or proof of payment can be important.
• Act quickly: The sooner a Lawyer is involved, the better.
FAQs about illegal gambling
What is considered illegal gambling?
All gambling without a German license, even if they are licensed abroad.
What penalties are threatened?
A fine or imprisonment of up to six months. In cases of lack of intent, the case is usually dismissed – but profits could be confiscated.
How do I identify legal providers?
Only providers with a German license are allowed to offer online gambling. The list is published by the Joint Gambling Authority of the German Federal States (GGL).
Conclusion: Acting quickly protects your rights
Anyone who has unknowingly participated in illegal online gambling must defend themselves. Without intent, there is no criminal liability – but this must be proven. An experienced lawyer will protect you from legal consequences and ensure that your winnings are not confiscated.
More information can be found on our topic page ” Online Casino & Online Sports Betting: Getting Money Back from Gambling “
