Gambling criminal law: Offenses, investigations and defense

What is gambling criminal law? When is unauthorized gambling a criminal offense? What are the consequences of violating Section 284 of the German Criminal Code (StGB), and how does an investigation proceed?

Gambling criminal law lies at the intersection of criminal and administrative law. The relevant criminal provisions are primarily Sections 284 to 287 of the German Criminal Code (StGB). In addition, the provisions of the 2021 Interstate Treaty on Gambling (GlüStV 2021) are of central importance. For criminal liability, it is often crucial whether gambling is involved, whether a required official permit exists, and what specific role the accused person played in the process.

What is illegal gambling?

Put simply, gambling exists when the outcome depends largely on chance and participation requires a regular wager. Public gambling without the necessary official permit is particularly relevant under criminal law.

The central provision is Section 284 of the German Criminal Code (StGB). According to this section, anyone who organizes or operates a public gambling establishment without official authorization, or provides the necessary facilities for such an operation, is committing a criminal offense. The basic offense carries a penalty of imprisonment for up to two years or a fine. In specifically regulated cases, particularly those involving commercial activity or organized crime, the penalty can be significantly higher.

Advertising for illegal gambling is also punishable under Section 284 Paragraph 4 of the German Criminal Code.

It's important to note that not all gambling is prohibited. The 2021 Interstate Treaty on Gambling generally allows for the possibility of obtaining a permit from the authorities for various gambling offerings. Therefore, the crucial factor is always whether the specific offering is permitted and covered by an existing permit.

What criminal offenses exist under gambling criminal law?

The most important regulations are:

• Section 284 of the German Criminal Code – Unauthorized organization of gambling: The central regulation against organizing or holding unauthorized public gambling.

• Section 285 of the German Criminal Code – Participation in illegal gambling: Criminal liability for participating in an unauthorized public gambling activity.

• Section 286 of the German Criminal Code – Confiscation: Under certain conditions, it allows for the confiscation of gambling facilities and funds.

• Section 287 of the German Criminal Code – Unauthorized organization of a lottery or raffle: This applies in particular to unauthorized public lotteries and raffles.

Additionally, the gambling regulations of the Interstate Gambling Treaty 2021 (GlüStV 2021) are relevant. In particular, Section 4 of the GlüStV 2021 regulates the licensing requirement and the prohibition of unauthorized gambling. Further regulations address, among other things, advertising, player protection, player accounts, and online gambling.

What violations are typical in practice?

Investigations often focus on the suspicion that online gambling was organized or facilitated without the required official authorization. This can include, for example, online casinos, certain sports betting offers, or other internet services.

Other typical accusations include:

• Operating an unauthorized gambling venue,

• Organizing unauthorized poker or gambling events,

• Referral of players to illegal gambling providers,

• Provision of technical infrastructure (slot machines),

• Processing or supporting payments,

• Advertising for illegal gambling,

• Operation or technical support of online casino offerings,

• unauthorized lotteries or raffles.

It is always important to distinguish between the individual parties involved. Managing directors, operators, technical service providers, advertising partners, intermediaries, or payment service providers do not automatically have the same criminal liability.

How is illegal gambling detected?

Investigations can be initiated by gambling regulators, the police, public prosecutors, or based on reports and tips. In the case of online gambling, publicly accessible websites, test games, payment flows, user accounts, advertisements, and digital communication data are particularly relevant.

In the case of stationary gambling establishments, measures such as on-site inspections, witness statements, the seizure of cash and gaming machines, and the evaluation of business records are particularly relevant.

In more extensive procedures, company structures, bank accounts, payment service providers and communication between multiple parties are often also examined.

What investigative measures are typical?

One particularly drastic measure is the searchIn the case of a suspect, the search is generally governed by Section 102 of the Code of Criminal Procedure. A key requirement is the suspicion that the search could lead to the discovery of evidence.

Items that can be seized or confiscated include computers and laptops, mobile phones, cash, and of course, gaming devices. The seizure and confiscation of items is governed in particular by Sections 94 et seq. of the German Code of Criminal Procedure (StPO).

In digital investigations, stored communication and usage data can also become highly significant. Different legal requirements apply depending on the investigative measure.

What to do if your home is searched for gambling-related offenses?

Anyone who is facing criminal charges search Anyone affected should above all remain calm and not make any statements about the matter.

Accused persons have a legal right to remain silent. According to Section 136 of the German Code of Criminal Procedure (StPO), they are not obligated to incriminate themselves. It is generally advisable to engage a defense attorney experienced in criminal law as early as possible.

During a search, the operation should not be obstructed. At the same time, one should refrain from making any spontaneous statements to the investigating authorities regarding the business model, other parties involved, or one's own activities.

It is particularly useful to:

1. Request a search warrant or the basis for the measure.

2. Document the names and departments of the officers deployed.

3. Do not make any statements on the matter.

4. Do not make any voluntary statements regarding business processes or parties involved.

5. Contact a criminal defense lawyer.

6. Have seizures and confiscations documented.

7. If possible, request a list of the items brought along.

How can one defend oneself against investigative measures?

A defense against investigative measures first requires a thorough examination of the legal requirements.

At a search For example, it must be examined whether there was sufficient suspicion of a crime, whether the measure was covered by a valid decision, and whether it was proportionate.

Various legal remedies exist against seizure under the Code of Criminal Procedure. In particular, Section 98 of the Code of Criminal Procedure contains provisions regarding judicial decisions on seizure; an appeal pursuant to Section 304 of the Code of Criminal Procedure is possible against certain judicial decisions.

How does one defend oneself against the accusation of illegal gambling?

A successful defense regularly begins with reviewing the case file pursuant to Section 147 of the German Code of Criminal Procedure (StPO). Only when the specific facts on which the investigating authorities are basing their case are known can a well-founded defense strategy be developed.

Key defense issues are:

1. Was it actually gambling?

The specific design of the offer must be examined based on the legal requirements.

2. Was the gambling public?

Not every game offer meets the requirements of public gambling within the meaning of Section 284 of the German Criminal Code.

3. Was a permit required?

It may be decisive whether the offer was subject to a licensing requirement and whether a corresponding license existed.

4. Was the specific offer covered by the permit?

Having a permit does not automatically mean that every offer from the operator was permissible.

5. What role did the accused play?

It must be specifically determined whether the person was an organizer, intermediary, technical service provider, managing director, advertising partner, or merely another party involved.

6. Is the required intent demonstrable?

In addition to the objective elements of the offense, the subjective requirements of the respective crime must also be met.

7. Was the evidence obtained sufficiently and lawfully?

Especially when searches The legality of the collection and subsequent use of digital evidence must be examined.

What are the potential consequences of a conviction?

The legal consequences depend on the specific criminal offense, the involvement in the crime, and the circumstances of the individual case.

Under Section 284 of the German Criminal Code (StGB), a fine or imprisonment is possible. In cases of aggravating circumstances, the penalty can be significantly higher. Confiscation measures can also have considerable economic consequences. In this context, I refer to my Article on the decision of the Higher Regional Court of Bremen dated September 12, 2025.

For participants in illegal gambling, Section 285 of the German Criminal Code (StGB) provides for imprisonment of up to six months or a fine of up to 180 daily rates.

In addition to criminal conviction, there may be consequences under gambling law and economic law, such as official prohibitions, the seizure of objects, or financial consequences.

Can an investigation into illegal gambling be dropped?

Yes. An investigation does not necessarily have to lead to an indictment or conviction.

If the investigations do not provide sufficient grounds for bringing public charges, the proceedings are usually discontinued pursuant to Section 170 Paragraph 2 of the Code of Criminal Procedure.

That's precisely why it's often advisable not to make any hasty statements to the police or public prosecutor's office. After reviewing the case file, the defense can systematically examine whether the prerequisites for bringing charges are met and can be proven. If this isn't the case, an attempt should be made to have the proceedings dismissed by filing a formal written defense.

Conclusion: Early defense is crucial

An investigation does not automatically mean that the alleged offense has been proven or can be proven. Anyone facing criminal charges for illegal gambling should therefore generally exercise their right to remain silent, have their lawyer review the case file, and only then decide whether to make a statement. Often, this approach can lead to the case being dismissed at an early stage.

By Christian Hermanussen, LL.M.
Lawyer and specialist lawyer for criminal law in Hamburg
Focus: Criminal defense and white-collar crime
Published on August 21, 2026