German Gambling Authority Criticizes Plan to Abolish Laws Targeting Illegal Gambling

Munich, March 5, 2024 – The Gemeinsame Glücksspielbehörde der Länder (GGL), Germany’s joint gambling authority, has voiced strong criticism against the proposed abolishment of §§ 284, 285, 286, and 287 of the German Criminal Code (StGB). These regulations are crucial for the GGL to file criminal charges against suspected illegal gambling operations.

Ronald Benter, a board member of the GGL, emphasized the potential setback for combating illegal gambling if these paragraphs are removed. He made these remarks at the “Lotto-Talk im Turm” event, a gathering organized by state lottery companies for representatives from politics, administration, and the gambling industry. The event took place in Berlin on February 22, 2024, for the third time.

Proposed Criminal Law Amendment Sparks Concern

A central topic of discussion at the “Lotto-Talk” was the federal government’s planned criminal law amendment, which includes the removal of §§ 284 ff. StGB. These regulations currently allow for the imposition of fines or imprisonment on organizers of unauthorized gambling, lotteries, or raffles. Online gambling has only been legally permitted in Germany since July 1, 2021, provided the operator holds the necessary license.

“Previously, online gambling was fundamentally illegal in Germany. Without the necessary permission, it remains prohibited,” explains István Cocron, an attorney.

Ministry of Justice Defends Planned Abolishment

The Federal Ministry of Justice argues that existing laws offer sufficient means to penalize criminal behavior, even without these specific criminal norms.

GGL Calls for Rethinking the Strategy

However, the GGL strongly disagrees with this assessment. The authority believes that the successful fight against illegal gambling would be significantly jeopardized by the removal of these paragraphs. GGL board member Benter urged a change of course, suggesting that instead of abolishing the paragraphs, they should be extended to target illegal gambling providers based abroad. This, he argues, could have a deterrent effect.

In a letter to Federal Minister of Justice Dr. Buschmann, the GGL board requests clarification on whether and when German law applies to gambling providers located outside of Germany.

Money Laundering Concerns Raised

Furthermore, Benter warned that the proposed abolishment of §§ 284 ff. StGB could also lead to the decriminalization of money laundering.

Impact on Players’ Rights

The GGL finds it incomprehensible that the federal government would voluntarily relinquish a vital tool in the fight against illegal gambling by abolishing these regulations as planned.

“Regardless of whether these plans are actually implemented, it has no influence on the civil law claims of participants in online gambling. They can reclaim their losses if the provider did not have the required permission,” clarifies attorney Cocron.