Criticism from the German Judges' Association towards Justice Minister Marco Buschmann's proposed decriminalization of unlawful gambling.
German Justice Minister Marco Buschmann (FDP) has proposed changing the classification of certain criminal offenses in the future. One of these proposed changes is to categorize unauthorized gambling as an administrative offense instead of a criminal act. However, this plan has been criticized by several groups.
Criticism from the Judges' Association, Addiction Commissioner, and Police Union
At the end of 2023, Buschmann announced that he wanted to simplify the Criminal Code and move some offenses to the administrative offense category. This proposal has been strongly criticized by the German Judges' Association, according to a report by Die Welt.
The chairman of the Judges' Association, Sven Rebehn, has stated that the abolition of criminal prosecution for illegal gambling is not a good idea because of the high risk of organized gambling crime.
The Federal Government's Addiction Commissioner, Burkhard Blienert (SPD), has warned that people with gambling addiction are particularly at risk when they participate in illegal gambling. Without any limits or protective mechanisms, this can lead to serious problems.
The police union also sees the change in legal basis as a major problem because there is a high level of accompanying crime in illegal gambling, which is rarely detected and prosecuted.
Buschmann's Perspective
Buschmann, however, argues that criminal prosecution of criminal organizations would still be possible under his model. Money laundering and tax evasion are often associated with illegal gambling, and high administrative fines could serve as a deterrent.
For Buschmann, the primary goal is to decriminalize players, as both the offering and participation in illegal gambling are currently criminal offenses. This can make it difficult for players to cooperate in investigations against the actual masterminds.
The Problem of Illegal Gambling
According to a study by the German Sports Betting Association (DSWV), illegal gambling is more problematic than what the gambling authority has communicated. The researchers still suspect that the real scale of illegal gambling is much larger than what is known.
Blienert has previously called for the decriminalization of players in illegal gambling offers to encourage them to report providers and avoid being punished themselves.
However, the police union has pointed out that criminal gambling providers would not be deterred by threats or intimidation from persuading players not to make statements. With decriminalization alone, not much progress can be made.
It remains to be seen how the legal treatment of illegal gambling will develop in the future. With the planned decriminalization of players, Buschmann seems to be following the recommendation of Blienert and other experts. However, Blienert has expressed concerns that the general abolition of criminality is too broad.
Similarly, the Police Trade Union and the German Judges' Association might have argued. It seems, therefore, that there is still a long way to go before discussions on this contentious issue can be concluded.
In response to Buschmann's proposal to categorize unauthorized gambling as an administrative offense, online casinos operating in Germany might see a shift in their legal status. Critics from the Addiction Commissioner, Burkhard Blienert, emphasize the potential risks for individuals with gambling addictions in the absence of limits or protective mechanisms within online casinos Germany.
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