Gambling is one of the most heavily regulated activities in Bulgaria, and only legal entities that have obtained a special license may organize gambling games. However, the requirements for obtaining such a license are extremely strict and require enormous financial resources, which very few traders have at their disposal.
It is precisely for this reason that it often turns out that, due to the inability to invest such financial resources, and consequently due to the inability to obtain a license, illegal gambling is organized, involving many people, including those addicted to gambling.
Organizing and participating in illegal gambling, however, constitutes a crime. And precisely the possibilities for defense in the event of prosecution for carrying out such activity are the subject of this article.
When is gambling illegal?
In short, illegal gambling occurs when a gambling game is organized or participated in, for which the law requires a license issued by the executive director of the National Revenue Agency or by a person authorized by him.
The types of gambling games for which the law requires the existence of a license are, as follows:
- games with gaming machines in gaming hall /machines/
- games in a casino /”American Roulette”, “Blackjack”, “Punto Banco”, “Caribbean Casino Stud Poker”, “Casino Poker with 7 cards – three closed and four open” and “Texas Hold’em Poker”/
- games with betting on results from sports competitions and races with horses and dogs
- games with betting on random events and with betting, related to knowledge of facts
- lottery games.
- yes has five or more tables for gaming, of which at least two roulette wheels
- if the gaming casino supports gaming machines /slot machines/, they cannot be less than ten;
- comply with the general mandatory requirements for gaming halls and casinos in terms of the type of premises or building, minimum area, layout of premises, and necessary technical control equipment, as adopted by the Bulgarian Gambling Commission
- the building in which the gambling game is organized is not public state or municipal property, in the premises of the Ministry of Defense, the Ministry of the Interior, educational, medical, and healthcare facilities, as well as in jointly owned buildings, without the notarized written consent of all co-owners.
This means that in all cases where a gambling game is organized in contravention of the specified requirements, shall be considered illegal gambling.
Organization of illegal gambling. Prosecution and defense.
The Penal Code criminalizes the organization of gambling games that do not comply with the provisions of the law. The punishment is imprisonment for up to six years and a fine of between one thousand and ten thousand leva.
The wording “not in accordance with the established in the law order” covers all requirements, set out in the Gambling Act, which are applicable to a13> gambling operators. The most – common reason for bringing charges for organizing illegal gambling is the lack of a license for this.
Organizing illegal gambling is a serious crime. There are several possibilities for exiting an established a6> several possibilities for exit from initiated criminal proceedings for such a crime:
- Acquittal verdict. In the case of organizing illegal gambling such would be possible at most already – already, if in the specific case significant violations of the procedure are established by investigation, which are particularly serious in nature a19> in the investigation, which in a particularly serious degree have affected the rights of the accused a26> of the accused and cannot be validly repeated. Such actions, in which often significant errors are made, are for example searches and seizures. It is possible, of course, an acquittal verdict may be handed down due to the absence of a crime, for example, when for the specific gambling game no license was required.
- Conviction sentence. In this case there are two possibilities, both of which a9> concern the size of the imposed punishment and the manner of its enforcement:
- Suspended sentence: this option will be available if the court imposes a sentence of up to three years’ imprisonment. An additional requirement is that the defendant has not been convicted of a crime of a general nature punishable by imprisonment. Finally, the court assesses, based on the facts of each specific case, that it is not necessary for the specific defendant to be actually deprived of liberty in order to reform and re-educate them to obey the law. This means that if there is a previous conviction with a probation sentence, a suspended sentence is possible if the above conditions are met.
- probation: in the case of organizing illegal gambling, it is possible and permissible to impose the penalty of “deprivation of liberty” may be replaced with probation in the case of a14> the existence of exceptional and numerous mitigating circumstances responsibility. This presence is assessed for each specific case according to the evidence in the case. In this case it is possible to avoid effective deprivation of liberty, when the accused has a criminal record.
- Effective deprivation of liberty: Effective deprivation of liberty on charges of illegal gambling may occur in several scenarios:
- if the court imposes a sentence of more than three years imprisonment;
- even if it has imposed a sentence of less than three years’ imprisonment, the court has decided that, in order to reform and rehabilitate the offender, it is necessary for him to serve the sentence in full;
- if the defendant has a previous conviction for which he has not been rehabilitated or has violated the probation period of a previous suspended sentence
IMPORTANT! Silvia Petkova Sole Proprietorship Law Firm is a specialized international criminal law firm with established criminal law specialists who have extensive experience in representing clients in criminal cases for crimes of a general nature.
For contact:
Working hours: from Monday to Friday from 10:00 a.m. to 6:00 p.m.
Tel. +359 885 47 77 57
Participation in illegal gambling. Prosecution and defense
Participation in illegal gambling also constitutes a crime under Bulgarian criminal law, but the penalty for this offense is significantly lower, namely imprisonment for up to one year or probation.
In all cases of brought charges it is possible to achieve an acquittal verdict. The assessment of the potential outcome of the initiated criminal proceedings is made for each specific case according to the available evidence in the investigation. A key moment for a potential acquittal verdict will be be the successful proving of the circumstance that the accused person did not knew that the gambling game was not organized in accordance with the procedure provided for in the law.
With regard to participation in illegal gambling, it is necessary to pay attention to several circumstances that have a12> significance in relation to potential penalties that may be be imposed in the event of a conviction sentence.
Firstly, if the offender has a clean criminal record, the court may exempt them from criminal liability and impose an administrative penalty of a “fine” ranging from one thousand to five thousand leva. In this case, the offender’s criminal record will state that they have no previous convictions.
Secondly, again in the case of a clean criminal record, the court may impose a suspended sentence of imprisonment with a probation period of three years (conditional sentence).
Thirdly, the court has the option of imposing a probationary sentence, which may take the form of:
- mandatory registration at current address;
- mandatory periodic meetings with probation officer;
- restrictions on free movement;
- participation in vocational training courses, public impact programs;
- corrective labor;
- unpaid labor for the benefit of society.
IMPORTANT! In order to achieve the most favorable outcome in a criminal case for participation in illegal gambling, it is necessary to engage an experienced and qualified criminal defense attorney.
For – serious punishable acts, related to illegal gambling
In certain cases, the law provides for more severe penalties for organizing illegal gambling. There are three such cases, and the penalty for them is one to eight years’ imprisonment and a fine of two thousand to fifty thousand leva.
In all three cases, the possible outcomes of criminal proceedings are acquittal or conviction.
When a conviction is handed down for this crime, it is not possible to exempt the offender from criminal liability by imposing an administrative penalty, nor is it possible to replace the penalty of imprisonment with probation. It is only possible, in the presence of multiple or exceptional mitigating circumstances, to impose a penalty below the minimum, namely less than one year of imprisonment.
In cases of more serious punishable organization of illegal gambling, a suspended sentence is possible if the court imposes a sentence of up to three years’ imprisonment and the perpetrator has a clean criminal record. This may occur when the organisation of illegal gambling constitutes a particularly serious case and when the act is related to betting on the outcome of a sporting event administered by a sports organisation.
IMPORTANT! A “particularly serious case” may exist, for example, where exceptionally large profits have been made from the organization of illegal gambling.
In the event that the organization of illegal gambling is carried out under conditions of dangerous recidivism, a suspended sentence is not possible, and a conviction always results in the effective serving of the sentence in prison.
IMPORTANT! A “dangerous recidivist” is someone who:
- has carried out the organization of illegal gambling, after having served time in prison less than – less than one year for an intentional crime, for which the law provides more than five a16> years imprisonment or or
- has carried out the organization of illegal gambling after having been convicted twice or more times to imprisonment and at least one of these penalties has been served effectively.
IMPORTANT! Silvia Petkova Sole Proprietorship Law Firm is a specialized international criminal law firm with established criminal law specialists who have extensive experience in representing clients in criminal cases for crimes of a general nature.
For contact:
Working hours: from Monday to Friday from 10:00 a.m. to 6:00 p.m.
Tel. +359 885 47 77 57
Special hypotheses of liability in the case of illegal gambling
The natural person who has committed the act of organizing illegal gambling bears criminal liability. This is because legal entities cannot bear criminal liability. However, they may be subject to financial penalties.
This is precisely the thrust of the Gambling Act. It provides for particularly severe penalties for legal entities that organize gambling games in violation of its provisions.
Thus, a gambling operator who organizes gambling games or performs any activities regulated by law for which a license is required without holding such a license shall be subject to the following penalties:
- property sanction of 1,000,000 to 2,000,000 BGN. on a legal entity, which organizes online betting;
- property sanction of 50,000 to 200,000 BGN. on a legal entity for gambling games that are not organized online;
- a fine of between BGN 20,000 and BGN 50,000 on a natural person who carries out any of the activities related to the manufacture, import, distribution, or servicing of gaming equipment, or a property sanction of between BGN 50,000 and BGN 200,000 on a legal entity that carries out any of the activities related to the production, import, distribution, and servicing of gaming equipment.
When is there gambling addiction?
Хазартната зависимост, съгласно Международната класификация на болестите, 10-та ревизия се нарича “патологично влечение към хазарт” и се отличава с два характерни признака:
- repeated episodes of gambling that
- continue and often intensify, despite the adverse social consequences such as impoverishment, deteriorating family relationships, and failure in personal life.
If you notice such signs in yourself or a loved one, you or your loved one may be suffering from a pathological attraction to gambling.
How can we help a gambling addict?
There is no single system that guarantees absolute results in the treatment of gambling addiction.
Possible methods for helping a gambling addict are:
- referral to a psychologist or psychiatrist specializing in addiction treatment
- attending mutual support groups (e.g., Gamblers Anonymous – Bulgaria)
- admission to inpatient treatment in a psychiatric hospital
- admission to a rehabilitation center for addiction
- In serious cases involving a loved one who is addicted to gambling, submit a request for compulsory treatment.
Possibilities for prohibiting access to gambling
From 2022, once again the possibility for persons who consider themselves to be a8> vulnerable to developing a gambling addiction to register in the special register with the National Revenue Agency. In this case, gambling operators shall be obliged not to allow to play gambling listed in this list persons.
Criminal liability for crimes committed under the conditions of gambling addiction.
Commentary by Silvia Petkova, criminal law attorney, on “The Questions” with Miroslava Benatova
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