ARENDTS OF LAWYERS: Sport bet switching also with „new cases “not punishable

Attorney Martin Arendts, M.B.L. - HSG (www.wettrecht.de) (openPR) - the regional court Regensburg determined the impunity of the switching of sport bets at a bookmaker certified into another European Union member state with resolution from 22 December 2006 and changed thus its past opinion (Az. 1 QA 106/2006 under express task of the earlier resolution from 14 September 2006, Az. 1 QA 71/2006). The decision obtained by attorney Martin Arendts (www.wettrecht.de) refers expressly in new cases after the sport bet judgement of the Federal Constitutional Court of 28. March 2006. Also in the transition period specified by the Federal Constitutional Court the switching of sport bets is not punishable. The court determined therefore the illegality of the search and seizure arrangement which was issued against a sport bet mediator and presented to the treasury the costs.

The regional court refers to the decision of the supreme court of the higher regional court Munich from 26 September 2006 (Az in the extensively justified decision. 5St RR 115/05). The higher regional court excluded a punishability after § 284 StGB as administrativeaccessory regulation both from Europeanlegal and from constitutional reasons. While the decision of the higher regional court concerned expressly only the legal situation before the sport bet judgement of the Federal Constitutional Court, is the regional court now the view that an application is not possible also for the transition period (i.e. for „new cases “) from these reasons. The court justifies this as follows:

„Alone the continuing validity of the state lottery law for a transition period under the measure gifts planned by the Federal Constitutional Court changes however nothing to from this for determined constitutional incompatability with kind 12 exp. 1 GG and thus also the community-legal incompatability with kind, linked with it, 43 and 49 EEC. (…) Regarding the right-wing political organization clearance of the legislator is therefore for a transition period an actually unconstitutional legal situation add, which does not lead however to the fact that this would be to be regarded now during the time of the continuing validity as condition in accordance with (Jarass/Pieroth, kind 20 GG, Rdnr. 35; Kind 93 GG, Rdnr. 4). “

The regional court in all other respects refers to a resolution of the Federal High Court from 29 November 2006 (Az. 2 STR 55/06), with which a criminal procedure was stopped against a sport bet mediator. Finally the court explains expressly to hold to its earlier contrary iurisdiction no more after the higher regional court Munich had explained the earlier iurisdiction of the Bavarian highest national court for outdated.

Law office ARENDTS of LAWYERS,
Perlacher STR. 68, D - 82031 green forest (with Munich)
Tel. 0700/W E T T R E C H T
Tel. 089/64 91 11 - 75; Fax. 089/64 91 11 - 76
E-Mail: wettrecht@anlageanwalt.de

Editorship:

Attorney Martin Arendts, M.B.L. - HSG (martin.arendts@anlageanwalt.de)
(press-legally responsible)
c/o ARENDTS of LAWYERS, Perlacher STR. 68, D - 82031 green forest

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