Illegal Gambling in Cyberspace – Article 107 of the Penal Fiscal Code
In the age of digitization, gambling has shifted from traditional casinos to the online space, becoming more accessible and anonymous. This phenomenon, while fully legal in many countries and subject to strict legal regulations, also has its darker side. In Poland, illegal gambling in cyberspace is a serious issue that involves legal violations, including fiscal crimes. In this article, we will discuss what illegal gambling online is, what legal regulations apply to it, and what penalties are associated with such crimes, with a focus on Article 107 of the Penal Fiscal Code.
What is Illegal Gambling in Cyberspace?
Online gambling refers to a wide range of activities related to games of chance, sports betting, online poker, and internet casinos. Although some of these activities are legal, provided certain requirements are met, gambling activities that do not comply with the applicable legal regulations are considered illegal gambling.
Illegal gambling on the internet can take various forms, such as:
- Online casinos – websites offering gambling games that do not hold the necessary license required by Polish law.
- Sports betting – websites that allow sports betting but are not registered in Poland.
- Illegal gambling games – websites offering games of chance without any state control.
Illegal gambling can be conducted by foreign entities that do not comply with Polish regulations. Although gambling in Poland is regulated by the Gambling Act of 2009, many people still use illegal sites, unaware of the legal consequences.
Legal Regulations Concerning Illegal Gambling
The Gambling Act of 2009 regulates gambling activities in Poland. According to this act, only entities with the proper license can conduct gambling activities, including organizing games of chance, mutual bets, or online gambling. Websites offering these types of services without a license are illegal, and their activities violate the law.
Legal provisions concerning illegal gambling in Poland include:
- The Gambling Act (Journal of Laws 2009 No. 201, item 1540) – sets the rules for the legal conduct of gambling activities in Poland, including online sports betting and casino games.
- Article 107 of the Penal Fiscal Code – establishes that illegal gambling may be subject to fines, imprisonment, or other fiscal sanctions if specific legal requirements are not met.
Article 107 of the Penal Fiscal Code
Article 107 of the Penal Fiscal Code is one of the primary tools in combating illegal gambling. This provision regulates fiscal liability for conducting gambling activities without the required license, both within Poland and in cyberspace. According to this article:
- Article 107 § 1 Penal Fiscal Code: „Anyone who conducts gambling activities without the required concession or permit is subject to a fine, restriction of liberty, or imprisonment for up to 3 years.”
- Article 107 § 2 Penal Fiscal Code: „Anyone who introduces illegal gambling games into circulation, makes them available publicly, or organizes them without the appropriate permit is subject to a fine, restriction of liberty, or imprisonment for up to 3 years.”
These provisions aim to eliminate illegal gambling activities that can expose players to financial losses and other negative consequences, such as gambling addiction.
Penalties for Illegal Gambling
The provisions of the Penal Fiscal Code impose severe penalties for engaging in illegal gambling activities. If an individual operates a website offering illegal gambling games, they may face:
- Fines – for individuals and companies that illegally offer online gambling.
- Restriction of liberty – in cases where the person conducting illegal gambling harms public order and financial security.
- Imprisonment for up to 3 years – in the most severe cases, where gambling activities are organized on a large scale.
Additionally, when illegal gambling involves foreign entities, law enforcement agencies may cooperate with international organizations to enforce justice and prosecute offenders through international collaboration.
Combating Illegal Gambling in Cyberspace
Poland’s administration, including the Ministry of Finance, is actively working to eliminate illegal gambling on the internet. To this end:
- Websites and gambling platforms offering illegal services are monitored.
- Actions are taken to block websites that violate the law.
- Cooperation with international organizations, such as Europol and Interpol, aims to combat illegal activities on a global scale.
Summary
Illegal gambling in cyberspace is a serious threat that violates the law and poses potential risks to the mental and financial well-being of citizens. Article 107 of the Penal Fiscal Code is a key instrument in combating this type of crime, imposing severe penalties on individuals who engage in illegal gambling activities. Those involved in such activities must be aware of the significant legal consequences.
Status as of May 10, 2022.
Cyberlaw by Judyta 