ZfWG: Sportwettbetrug und Manipulation von berufssportlichen Wettbewerben
Summary
On April 11, 2017, the German legislator introduced section 265c-265e of the German Criminal Code (StGB). Section 265c now specifically penalizes betting fraud, i.e. an agreement to manipulate a sporting competition on which bets have been placed. Moreover, section 265d of the German Criminal Code outlaws the manipulation of professional sporting events on the federal and international level even if there is no connection to betting or such a connection cannot be demonstrated. This article outlines the evolutionary
history of these amendments as well as the legal interests that are meant to be protected and summarizes the
preconditions for their application. Proponents argue that the new laws close gaps in criminal liability and will help to
protect the integrity, credibility and model function of sports. By contrast, critics retort that the German legislator
employed a strategy of token politics and rather intended to protect the industry’s financial interests while basic principles
of German criminal law are being disregarded by an inconsistent set of new provisions.
