Court confirms acquittal in online gambling case
A young woman from Biberach came under the spotlight of the judiciary because she had taken part in an online competition run by a betting provider based in Malta. The provider did not have a valid license for Germany, which is why she was investigated for participating in illegal gambling. Although the Biberach District Court acquitted her, the public prosecutor's office appealed. The case ended up before the Ravensburg Regional Court.
The woman, an engineer from Biberach, appeared at the hearing without a defense attorney. The public prosecutor accused her of having gambled in 34 cases with stakes between ten and 39 euros without informing herself about the legal situation. She had neither read the provider's imprint nor its general terms and conditions and only became suspicious after a critical television report. Nevertheless, she continued to gamble because she was burdened by financial obligations.
Eventually, unusual account movements caught the attention of her bank, which then reported it. This led to the police showing up at her door and starting an investigation.
Acquittal of online gambling without intent
The court found that the defendant had not intentionally violated German gambling law. The representative of the public prosecutor's office recognized that she had not knowingly ignored the provider's lack of a license. Since there was no intention, he requested an acquittal, which was confirmed by the court.
The engineer's case shows that players should find out about the seriousness of the provider before participating in online gambling. Although she was acquitted in this case, a careful examination of the terms and conditions and the imprint would have saved her the inconvenience.
Legal gray area for players
The case is not an isolated one. Many players in Germany get into legal trouble because they play with providers without a valid license. Until July 2021, online gambling was largely banned in Germany. With the introduction of the new State Treaty on Gambling, there are legal providers, but many foreign platforms continue to operate without valid authorization.
Players should make sure that the provider has an official license from the Joint Gambling Authority of the States (GGL). The authority maintains a whitelist of approved providers. Anyone who plays with unlicensed providers not only risks investigations, but also that winnings will not be paid out.
Cases like that of the engineer from Biberach show that ignorance does not always lead to punishment. Nevertheless, the risk of getting into a legal grey area remains. The increasing number of investigations into illegal online gambling shows that the German authorities are taking stricter action against unlicensed providers and their customers. Players should therefore inform themselves well in advance to avoid legal problems.
