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What is the Crime of Illegal Betting and Gambling?

Av. Arb. Hilal PENBEGÜL
August 3, 2024
General Law  ·  Criminal law

Illegal betting and gambling online is a serious legal violation in Turkey, considered both a crime and a misdemeanor, and there are severe penalties for those involved. We will take a detailed look at what illegal betting and gambling is, how it is detected, what penalties are applied, which courts handle the cases, and how much the attorney fees for such cases can be.

"Society prepares the crime, the criminal commits it."
Buckle

What is the Crime of Illegal Betting and Gambling on the Internet?

In Turkey, illegal betting and gambling over the internet is prohibited under both the Turkish Penal Code (TCK) and Law No. 7258 on the Prevention of Violence and Disorder in Sports.

  • When those who play illegal bets participate in betting activities against the law, they are considered to be committing a misdemeanor and are subject to administrative fines.rına çarptırılırlar.
  • Those who place illegal bets are considered to have committed a much more serious crime and face heavy penalties. If the betting crime is carried out in an organised manner, the penalties can be even higher.
  • Gamblers and gamblers are punished in accordance with the relevant articles of the Turkish Penal Code. Gambling is considered a misdemeanor and can result in a fine, while the crime of gambling can result in more severe sanctions.

How to Detect Illegal Betting and Gambling?

Illegal betting and gambling activities are detected through many technical and legal methods, especially when carried out over the internet. In Turkey, the Information Technologies and Communication Authority (BTK) and security units closely monitor such activities.

  • Digital monitoring: Illegal betting and gambling activities carried out over the internet are detected by tracking users’ IP addresses, credit card and bank transactions, and digital footprints. Using special software and data analysis methods, users associated with illegal betting sites are identified.
  • Payment tracking: Illegal betting and gambling sites usually receive payments in cryptocurrency or other methods. However, these payments can also be tracked through banks and financial institutions. Anomalous money movements in the banking system can attract the attention of authorities and may be investigated.

While monitoring such transactions, police departments can, if necessary, conduct a detailed examination of bank records to determine the identities of criminals.

Penalties for Illegal Online Betting and Gambling

Penalties for those who place or facilitate illegal betting and gambling on the internet vary depending on the type of crime.

Penalties Given to Gamblers

According to Article 5 of the Law No. 7258 on the Prevention of Violence and Disorder in Sports, administrative fines ranging from 5,000 TL to 20,000 TL are imposed on people who place illegal bets on the internet. This penalty may increase depending on the severity and amount of illegal betting. Additionally, people who admit to placing illegal bets may request a reduction in the penalty due to various extenuating circumstances.

Penalties Given to Gamblers

Those who place illegal bets or act as intermediaries in this activity are subject to much more severe penalties. People who place bets can be sentenced to imprisonment from 3 to 5 years. This penalty may be increased further if the crime is committed in an organized manner. Additionally, proceeds from this crime may be confiscated and additional sanctions may be imposed on charges of money laundering.

Penalties Imposed on Those Who Provide Places and Facilities for Gambling

Gamblers are punished with an administrative fine of 1,000 TL in accordance with Article 228 of the Turkish Penal Code. However, if gambling is organized regularly or gamblers gain unfair profits from this activity, the penalties may be more severe.

Which Court Hears the Case?

Cases related to illegal betting and gambling are heard by the Criminal Courts of First Instance. If the crime is determined to be more serious and organized, the files can be referred to the High Criminal Courts. In such cases, the magnitude of the crime, the density of the evidence and the nature of the crime directly affect the courts’ decisions.

In particular, illegal betting and organized gambling crimes can be considered as organized crimes and can have more serious consequences. Therefore, the course of the case varies depending on the way the crime is committed.

How Much Are Lawyer Fees for Gambling and Betting Cases?

In gambling and illegal betting cases, hiring a lawyer is extremely important for the legal process to proceed smoothly. Attorney fees may vary depending on the complexity of the case, the experience of the attorney, and the nature of the crime. In some cases, if the crimes of illegal betting or organized gambling reach more serious dimensions, attorney fees may increase even more. In such cases, the expertise of the attorney is of great importance in the judicial process.

Illegal betting and gambling on the internet are among the crimes that can lead to serious legal sanctions. While those who bet receive a fine, those who place bets and those who engage in organized gambling are sentenced to much heavier penalties. It is recommended that people who face such crimes manage the legal process with a professional attorney. It is extremely important to get support from an expert legal professional in order to both protect yourself from penalties and to guide the judicial process correctly.

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