Playing the Lottery Online Could Land You in Legal Trouble in Germany

Many people discover online lottery portals like Lottoland or Lottohelden through advertising. A click, a deposit, and you’re in. But the shock can be immense if you later face a criminal investigation under § 285 StGB (Participation in illegal gambling). How can this happen? And what can those affected do now?

Gambling in Germany: Only Allowed with an Official License

In Germany, participation in public gambling is only permitted if the provider possesses a valid license. These licenses are published on the so-called whitelist of the Joint Gambling Authority of the Länder.

Lottohelden and Lottoland often do not have a German license. Even if everything seems legitimate at first glance, these offers are not always legal in Germany. Those who play there can unknowingly commit a crime.

Investigations Under § 285 StGB – How is This Possible?

Criminal investigations are often initiated following transfers or payments to well-known providers such as Lottohelden.de or Lottoland.com. Banks, payment service providers, or investigative authorities come across suspicious transactions and inform the police.

This means that even if you didn’t intend any harm, you can quickly become the target of law enforcement.

“I Didn’t Know!” – Does Ignorance Protect Against Punishment?

The fundamental principle in criminal law is: “Ignorance is no excuse.”

However, there are exceptions! Anyone who genuinely had no knowledge that the gambling offer was illegal may be able to invoke a so-called error of prohibition (§ 17 StGB).

This can – with the right legal arguments – rule out criminal liability.

It is important to take action early and not make hasty statements.