Criminal Liability of Players Under § 285 StGB: Risks and Legal Situation

Anyone who participates in public, unauthorized gambling commits a criminal offense under § 285 StGB. The law provides for a fine or imprisonment of up to six months. This is particularly relevant for players in online casinos that do not hold a license from the Joint Gambling Authority of the Federal States (GGL). Whether charges are actually filed depends heavily on intent. The player must know that the offer is illegal. Although investigative authorities mostly focus on the operators, users also risk criminal consequences, the total loss of their wagers, and civil law disadvantages.

The Offense in Detail: When Does a Player Commit a Crime?

The criminal liability of players under Section 285 StGB begins when someone knowingly participates in public gambling without official permission. The Criminal Code (StGB) punishes this behavior, although actual prosecution depends on individual intent. The mere participation is not the issue, but rather the knowledge of the illegality of the offer.

Definition of Unauthorized Gambling

Gambling is considered unauthorized if the provider does not have a license from the Joint Gambling Authority of the Federal States (GGL). A license from abroad, such as Malta or Curaçao, does not protect the participant in gambling from German prosecution. The illegality arises solely from the lack of national authorization, regardless of where the provider is located. Anyone who plays there meets the criteria for the offense under § 285 StGB. This also applies to slot machine play in non-licensed premises or on manipulated devices online.

Distinction from the Organizer (§ 284 StGB)

§ 284 StGB punishes the organizer. § 285 StGB is specifically directed at the player. The participant in gambling commits an offense if they actively participate in public gambling that is prohibited under § 284 StGB. Case law strictly separates mere participation from commercial mediation. For the individual user, however, participation remains a relevant offense in the Criminal Code (StGB).

Subjective Elements and Intent

A conviction requires intent. The player must know that they are participating in an unauthorized offer. The criminal liability of players under Section 285 StGB is excluded in the event of an unavoidable mistake of law. However, gross negligence is often of no help here. Courts closely examine whether the user was aware or should have been aware of the illegality. In cases of obvious licensing deficiencies, a simple "I did not know" is usually not sufficient to exonerate them.

Sanctions and Consequences: What are the concrete risks?

The criminal liability of players under Section 285 StGB is clearly regulated in the law, but enforcement varies in practice. Participants in unauthorized gambling primarily risk a fine or up to six months in prison. The decisive factor is intent: anyone who knowingly plays with unlicensed providers meets the definition of the offense. Although the rule theoretically always applies, investigations often focus on commercial structures. Pure players are rarely the focus unless high stakes raise suspicions of accompanying offenses such as money laundering.

Amount of Fines and Imprisonment

According to § 285 StGB, a fine of up to 180 daily rates or imprisonment of up to six months is possible. This sanction applies to anyone who intentionally participates in a public, unauthorized game. In recent rulings, such as that of the Higher Regional Court of Stuttgart in 2023, case law has also tightened civil law consequences. It restricted players' refund claims against illegal operators or subjected them to strict scrutiny. A conviction requires that the player was aware of the illegality. A mistake regarding licensing can exclude intent, but this must be credibly demonstrated on a case-by-case basis.

Prosecution Practice of the Authorities

Do players really have to expect a penalty? In practice, the State Criminal Police Office and local police authorities often only investigate in the event of suspicious transaction patterns or as part of larger raids against operators. The public prosecutor's office often dismisses proceedings against mere small-scale players due to a lack of public interest or minor guilt, provided there are no indications of money laundering. Nevertheless, a summons by the public prosecutor's office or police presents serious risks, as it marks the start of formal proceedings. Those affected should not ignore such letters, but should seek legal advice to avert a penalty order.

Confiscation of Winnings and Civil Law Consequences

What happens to the money wagered? Funds and winnings obtained can be confiscated because they stem from a criminal act. The Munich Local Court has shown in a precedent that even high winnings from illegal online casinos are not only lost, but can additionally be subject to a fine. Players have no civil law claim to payout if the gaming offer was unauthorized under German law. This double burden - loss of stake plus criminal sanction - makes participating in unlicensed platforms financially highly risky. Although there is discussion in literature about whether stakes can be reclaimed, the current trend of the courts is to deny or severely restrict these claims due to the illegality of the transaction.

Online Gambling in the Focus of the GGL

The criminal liability of players under Section 285 StGB primarily arises from participating in offers without a German license. Anyone playing in an unlicensed online casino acts unlawfully, as only the Joint Gambling Authority of the Federal States (GGL) grants permits. This norm is intended to protect the market from uncontrolled providers and ensure that players only operate on audited platforms.

Licensing Obligation and German Providers

Does § 285 StGB also apply to online players? Yes, participation is punishable if the operator does not have a permit from the Joint Gambling Authority of the Federal States (GGL). The State Treaty on Gambling 2021 created the uniform framework for this. It obliges providers to connect to the OASIS self-exclusion system and to comply with deposit limits. Players can only verify the legality of an online casino via the official whitelist of the authority. If this entry is missing, participation in unauthorized gambling occurs, which meets the elements of the offense under § 285 StGB.

Status of Foreign Licenses (Malta/Curaçao)

Does an EU license protect against prosecution? No. Licenses from Malta or Curaçao offer no protection against German jurisdiction. The only decisive factor is the authorization under German law. Anyone playing with a foreign provider is operating outside the legal framework of the State Treaty on Gambling 2021, even if the platform appears professional. The Joint Gambling Authority of the Federal States (GGL) takes consistent action against such offers as they do not meet German player protection standards.

Special Rules for Poker and Sports Betting

Is poker in a private circle allowed under § 285 StGB? Private rounds are often exempt from punishment, but commercial sports betting and online poker are subject to strict rules. An online casino must present a specific license from the Joint Gambling Authority of the Federal States (GGL) for these games. Without this authorization, organizing and therefore participating in it is a criminal offense. Players should check whether their provider is listed in the whitelist to avoid risks.

Exceptions: Private Circles and Legal Certainty

The criminal liability of players under Section 285 StGB is excluded if the game takes place within a private circle or in a state-licensed casino. In these cases, participation is legal. Either there is no public interest in prevention, or the state itself acts as the organizer and thus implies the necessary official authorization.

Definition of Non-Public Play

Gambling is considered private and therefore exempt from punishment if it takes place within a clearly defined circle of people. This circle must be connected by personal relationships and be inaccessible to the general public. Crucially, the organizer must have no intention of making a profit, and the circle of participants must not be expanded through advertising or open access. However, as soon as a platform on the internet is used, the criterion of non-public character is violated by definition. Theoretically, the offer is available to every user with internet access. Case law distinguishes strictly here between a domestic poker game among friends and participation in online offers, even if the latter are only passively advertised. For players, this means that claiming a private character when using commercial online casinos or betting providers is legally untenable. These are always classified as public events.

Role of State-Owned Casinos

Playing in a physical land-based casino offers complete legal certainty, as these establishments possess an explicit state license. Unlike many online providers, which often operate only with foreign licenses, German state-owned casinos are subject to strict national controls. This monopoly position primarily serves to protect minors and combat addiction by enforcing high transparency and security standards. Players can be sure here that their participation does not violate § 285 StGB, as operations are authorized and monitored by state authorities. Furthermore, revenues flow directly into state coffers, which further solidifies the legitimacy of the offer. Legal certainty exists exclusively with licensed, land-based facilities or the few online providers with a German GGL license that are subject to the same strict requirements.

Constitutional and European Aspects

The legal assessment of the gambling monopoly is shaped by the case law of the Federal Constitutional Court and the European Court of Justice (ECJ). Both instances have confirmed that restrictions on the gambling market are permissible, provided they are coherently and systematically directed at the goals of player and minor protection. The Federal Constitutional Court has emphasized the proportionality of state control in earlier decisions. The ECJ accepts national monopolies only if they actually serve to combat crime and do not pursue purely fiscal interests. This constitutional basis creates the framework within which the criminal liability of players under Section 285 StGB can be justified in the first place. Critics argue that the monopoly is often applied inconsistently in practice, but as long as the courts recognize the vulnerability of players, the criminal law enforcement for unlicensed offers remains in place.

Support Services and Prevention

In view of the high risks and the potential risk of addiction, a responsible approach to gambling is essential. Players who feel they are losing control or who could face legal difficulties due to gambling debts should seek professional help. The Federal Centre for Health Education (BZgA) offers comprehensive information, self-tests, and counseling services on its platform Check-dein-Spiel.de. These resources help to identify problematic gambling behavior at an early stage and assist in the search for therapeutic help. Using such services is confidential and can act preventatively before criminal or financial consequences occur.

über diesen Artikel - Redaktion & Verantwortung

AUTHOR: Sarah Weber - Casino Tester & Bonus Analyst
PROFESSIONALLY REVIEWED BY: Dr. Markus Hoffmann - Senior iGaming Compliance Analyst
LAST UPDATE: 2026-08-18.

This article on "criminal liability of players under Section 285 StGB" was written by Sarah Weber and professionally reviewed by Dr. Markus Hoffmann. Both regularly update the content regarding regulatory changes, license availability, and bonus terms. All statements regarding licenses, authorities, and legal frameworks refer to publicly accessible sources (GGL (Joint Gambling Authority of the Federal States), State Treaty on Gambling 2021 (GlüStV 2021)).

über die Autorin

8+ years of casino reviews, 200+ personally tested platforms in EU and internationally. Former member of the eCOGRA Player Advocacy Program (2018-2022). Specialization: wagering requirements, payout workflows, customer support assessment.

über den Reviewer

12+ years in the iGaming industry, including 5 years as a compliance consultant for licensed operators under the State Treaty on Gambling 2021. PhD in Business Mathematics. Research focus: bonus mathematics, wager analysis, player protection systems (OASIS).

Responsible Gambling

Gambling can be addictive. If you feel that you are losing control of your gaming behavior, please contact the BZgA gambling addiction help desk, Check-dein-Spiel.de, or use the central exclusion system (OASIS (central player exclusion system)). Set personal deposit and loss limits before playing with real money. Pauses and cooldown features from providers are not a sign of weakness - they are a tool for sustainable enjoyment of the game.

Legal Disclaimer

The information in this article is for editorial and comparison purposes only. It does not constitute legal advice. The legal assessment of online gambling without a German license is a gray area and is subject to ongoing adjustments by the GGL (Joint Gambling Authority of the Federal States). Players themselves are responsible for complying with local regulations.