ZfWG (Summary): Glücksspielstrafrecht – unionsrechtskonforme Auslegung der §§ 284–287 StGB

By Claus Hambach, LL. M. and Dr. Bernd Berberich, published in ZfWG 2016, 299 ff.

Currently, significant concerns exist regarding compliance of the GlüStV with EU law. This has consequences for the criminal law provisions in sections 284 to 287 of the StGB which are strictly tied to the administrative law regulations, and which therefore must be interpreted in accordance with EU law. Under aspects of EU law, it is therefore not a violation of the legality principle that the investigating authorities have blanked out sections 284 to 287 of the StGB since the current GlüStV came into force (in particular for online activities). Should, in spite of this general practice, a public prosecutor nevertheless decide to carry out freedom-restricting investigative activities in an individual case, this will, except if reasonable justifying grounds exist, probably not withstand the “arbitrariness check” required under EU and under constitutional law.

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