The sports betting and online casino business has been growing strongly for years. However, a large proportion of these services are unlicensed in Germany – and therefore illegal. Anyone using such platforms or even advertising for them not only exposes themselves to financial risk but also faces criminal prosecution.
Legal situation: Gambling only with German authorization
In Germany, gambling services may only be operated with an official license. This is based on Section 284 of the German Criminal Code (StGB) and the Interstate Treaty on Gambling (GlüStV). A foreign license, for example from Malta or Curaçao, is not sufficient in Germany. The sole determining factor is whether the provider is listed on the whitelist of the German gambling authority.
Operators without the appropriate authorization are liable to prosecution under Section 284 of the German Criminal Code and face fines or even imprisonment of up to five years.
Intermediaries and advertising partners – for example via affiliate programs or banners – can also be prosecuted, as advertising for illegal gambling sites is already prohibited.
According to Section 285 of the German Criminal Code (StGB), the player himself faces a prison sentence of up to six months or a substantial fine.
More investigations against players
For a long time, serious investigations against players were rare, and proceedings were often dropped. However, authorities are now registering significantly more cases. This is because banks are reporting suspicious transactions, especially large transfers to known providers abroad. Based on this information, investigations into illegal gambling are increasingly being initiated.
Good chances of defense
A conviction is by no means certain. The crucial factor is whether intent can be proven – that is, whether the player knew they were using an illegal service. This is precisely where proving wrongdoing often fails: many sites appear reputable, are available in German, and advertise openly online. The fluctuating legal landscape of recent years also makes it difficult for victims to clearly recognize the illegality.
Possible defense strategies:
- Mistake of law: The complicated legal situation makes it difficult for laypersons to classify the issue.
- Low culpability: In cases involving low stakes and first-time offenders, the proceedings are often discontinued.
- Foreign connection: Providers are usually based abroad, which leads to legal uncertainties.
Conclusion
Using online gambling without a German license is a criminal offense affecting providers, players, and intermediaries alike. Investigations are now commonplace. However, there is a good chance of the case being dropped – especially if intent cannot be proven.
Important: Anyone who receives mail from the police or public prosecutor’s office should not make any statements without legal counsel. Early, professional legal representation can be crucial in preventing a conviction.
