Proposed Changes to German Criminal Law regarding Illegal Gambling

Purpose of the Reform Plans

The German Justice Minister, Marco Buschmann (FDP), intends to revise certain sections of the German Criminal Code by the end of 2023. One key proposal is to reclassify illegal gambling, currently treated as a criminal offense in §§ 284 ff. of the Criminal Code (StGB), to be considered only as an administrative offense. This initiative has sparked debate among various stakeholders.

Focus of the Reform Plans

The sections §§ 284 ff. of the StGB address various aspects of illegal gambling. For instance, § 284 StGB states that organizing public gambling without permission can lead to a prison sentence of up to two years. Additionally, § 285 StGB stipulates that participating in illegal public gambling under § 284 StGB can result in a prison term of up to six months or a fine.

According to the Justice Minister, these paragraphs could be removed as § 28a of the GlüStV 2021 already provides sufficient measures against illegal gambling, allowing related offenses to be prosecuted, as outlined in the official policy document.

Arguments from Supporters

Dr. Nik Sarafi, a lawyer, has generally supported the Justice Minister’s proposal in a statement. He believes that other laws, such as fraud (§ 263 Abs. 1 StGB) and combating organized crime (§ 129 StGB), adequately protect interests endangered by illegal gambling. Dr. Sarafi also deems the provision in § 285 StGB, penalizing participants in illegal gambling activities, as unconstitutional.

Arguments from Opponents

Opposing voices include the German Amusement Machine Industry Association (DAW), which finds the rise of the black market alarming and argues against relaxing laws. Similarly, the Joint Gambling Authority of the States (GGL) warns of potential regulatory gaps resulting from the changes.

The German Association of Judges (DRB) asserts that organized crimes on the illegal gambling market could thrive further if specific paragraphs were eliminated. The Police Union (GdP) also expresses concerns about the impact on their enforcement capabilities and the potential escalation of unreported illegal gambling activities.

Personal Opinion on Decriminalizing Gambling

As a writer for onlinecasinosnorway.com, I support maintaining the legality of player participation in illegal gambling to encourage awareness and use of platforms like illegal-spiel.de. Collaboration among stakeholders is essential to address the various criminal aspects often associated with illegal gambling. Finding proactive solutions to prevent illegal gambling and associated crimes is crucial.

The timeline for the final changes to the Criminal Code remains uncertain. onlinecasinosnorway.com will provide updates as more information becomes available.