Police - Illegal gambling: reservations about reform plans
There is resistance to the planned deletion of three sections of the Criminal Code on illegal gambling by Federal Minister of Justice Marco Buschmann (FDP). Both the Police Union (GdP) and the Federal Government's Addiction Commissioner have major reservations about his plans, which are part of a planned reform "to modernize the Criminal Code".
A few days ago, Burkhard Blienert (SPD), the federal government's addiction commissioner, wrote to the minister that he was happy to support the decriminalization of people who take part in illegal gambling as proposed in a key points paper from his ministry. "However, I cannot in any way understand your proposal to remove the criminalization of illegal gambling without replacement and I urge you to refrain from this idea," the letter, which is available to Deutsche Presse-Agentur, states.
Gambling addicts are particularly at risk if they take advantage of illegal offers, "among other things due to the high speed, lack of upper betting limits and blocking options", he warned. In addition, the protection of minors that applies to legal gambling is lacking here.
GdP: Project "highly problematic"
The key points state that there is "no recognizable legal interest that would justify the maintenance of these criminal norms". Violations could be punished as an administrative offense under the State Gambling Treaty of the federal states. Anyone who manipulates a game could be prosecuted for fraud. Depending on the circumstances of the individual case, this could also constitute tax evasion.
The police union (GdP) considers the plan as a whole to be "highly problematic". It explained that practice shows that, as a rule, there are first criminal findings in the area of illegal gambling before tax law aspects are pursued subsequently or in parallel. Illegal gambling is also largely intertwined with organized crime. The associated "accompanying crime" - for example the extortion of defaulting players, violent crimes or acquisitive crime - is unfortunately "already hardly in the focus of the investigating authorities".
"The Federal Minister of Justice must not dare to go it alone on this sensitive issue," GdP Chairman Jochen Kopelke told dpa. Buschmann must consult experts and involve the federal states before drawing up a first draft. "The federal government must not simply wave this project through."
Buschmann's point of view
Buschmann, on the other hand, is convinced that effective deterrence due to the threat of fines would continue to be guaranteed even if his reform plans were to be implemented. "The fine is also anything but a trifle," he told dpa. "We're talking about up to 500,000 euros." The gambling provisions of the Criminal Code dated back to a time when there was no Interstate Gambling Treaty with uniformly applicable fines. Today, they are superfluous.
The Federal Minister of Justice emphasized that if money was laundered in connection with illegal gambling, taxes were evaded or players were deceived, this would of course remain punishable. He said: "I am firmly convinced that both law enforcement and prosecution authorities continue to have every opportunity to combat such organized crime structures in this area."
The GdP's criticism differs from the position of the addiction commissioner in one respect. The union also rejects the decriminalization of gamblers. The GdP analysis of the planned reform states: "Years of practical experience have made it clear that the behavior of the players concerned does not change due to their legal status." On the other hand, large parts of illegal gambling, in particular the "big game" segment, which is associated with high and serious crime, would no longer be prosecutable. The so-called big game includes roulette and card games such as blackjack or poker.
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- The Federal Ministry of Justice, led by Marco Buschmann (FDP), has proposed a reform plan to delete three sections of the Criminal Code relating to illegal gambling in Germany.
- Burkhard Blienert, the Federal Government's Addiction Commissioner from the SPD, expressed reservations about this proposal, warning about the risks for gambling addicts and the lack of protection for minors.
- The Police Union (GdP) also considers the plan as highly problematic, stating that criminal findings are often made in the area of illegal gambling before tax law aspects are pursued later.
- The GdP argument is that illegal gambling is often linked to organized crime, and the associated crimes are not adequately addressed by the current focus of investigating authorities.
- According to the GdP, the scheduled reform plan leaves a significant gap in the penal code, as large parts of illegal gambling, including roulette and card games, would no longer be prosecutable.
- The German Press Agency reported that Marco Buschmann is convinced that the proposed reform plans would still ensure effective deterrence with the threat of fines of up to 500,000 euros.
- Buschmann insists that if money is laundered, taxes are evaded, or players are deceived during illegal gambling, these actions would remain punishable under other provisions of the penal code.
- Despite the criticisms, the SPD has ruled out passing a budget resolution before the turn of the year, making it unclear when the debates and decisions regarding the gambling reform plan will be reached.
- The proposed reform plan is a significant point of contention in Germany, with important stakeholders, including policymakers, law enforcement, and advocacy groups, voicing their concerns and support for the proposed changes to the penal code.
Source: www.stern.de
