The entertainment industry is developing, perhaps, at no less speed than scientific and technological progress. Now they intersect more and more often. This is evidenced by the huge number of offers from online casinos and other sites offering to play for money.
However, the legislator does not stand aside. In this connection, the requirements for gambling have been significantly tightened, and their organization outside the gambling zones established by the state is completely prohibited. So, let's figure out what constitutes gambling according to the laws of the Russian Federation and the Criminal Code of the Russian Federation.
Basic Concepts
Gambling is usually understood as an agreement on winning between the organizer and participants, which is based on risk. There may be several participants. They play among themselves or against the organizer. The rules of the game are set by the organizer.
Participation in the lottery is also aimed at winning. However, this type of activity is permitted and regulated only by administrative norms (14.27 Code of Administrative Offenses). Often, therefore, scammers make attempts to disguise casinos and gambling halls as a lottery.
The rules for organizing gambling are clearly regulated by law. In 2015, several amendments were made to the Code of Administrative Offenses and the Criminal Code regarding this issue. As a result, the measures applied to persons who violated the ban on gambling outside specially designated areas were tightened.
Administrative responsibility
The Code of Administrative Offenses deals with gambling in Article 14.1.1. Previously, it contained penalties against individuals whose income from illegal gambling amounted to less than 1,500,000 rubles. Now, for such an act, citizens are held accountable under the Criminal Code, and administrative measures are applied only to legal entities.
According to the first part of Article 14.1.1, legal entities that illegally organized a gambling business outside the designated zones face a fine of 700,000 rubles to 1,000,000 rubles. In this case, the equipment will be confiscated. The same punishment threatens those who conduct gambling using telecommunications and the Internet.
Another innovation was the introduction of administrative liability for gambling by bookmakers without a special license. The fine for such a violation is:
- for citizens – 2,000 – 4,000 + confiscation of equipment;
- for officials – 30,000 – 50,000 rubles + confiscation;
- for legal entities – 500,000 – 1,000,000 rubles + confiscation.
If games are held inside the zone or in bookmakers with licenses, but bypassing the established rules, the legal entity will have to pay a fine (300,000 - 500,000 rubles).
If the violation was gross, the fine will be 500,000 - 1,000,000 rubles. In addition, it is possible to suspend the work of the bookmaker's office for 90 days.
Criminal liability
The disposition of the first part of Article 171.2 of the Criminal Code coincides with the disposition of Article 14.1.1 of the Administrative Code. However, we are talking about individuals here. The previously existing income threshold of 1,500,000 rubles, after which the act was considered a criminal offense, has now been moved to the qualified composition (Part 2) of the article. In other words, if the income from the illegal gambling business is more than 1.5 million rubles, they are talking about a large amount, and if more than 6 million, they are talking about an especially large amount.
The first part of the article under consideration provides for the following measures:
- fine (up to half a million) or collection of income from the convicted person (maximum for 3 years);
- compulsory work (180 – 240 hours);
- restriction of freedom (up to 4 years);
- imprisonment (maximum 2 years).
If the crime was committed by citizens who had previously agreed, or the amount of income is large, the penalties from the second part of Article 171.2 are imposed:
- fine (up to 1 million rubles) or seizure of income (maximum for 5 years);
- imprisonment (up to 4 years), sometimes supplemented by a fine (up to half a million rubles).
The third part of Article 171.2 includes organized groups, persons receiving particularly large amounts of income from illegal gambling, as well as officials who took advantage of their position for personal gain. The maximum fine for them is 1.5 million rubles, and the prison term is up to 6 years.
So, now you know how the organization and conduct of gambling in public places is classified under the legislation, let’s talk about underground online casinos.
The video below will tell you more about the tightening of responsibility for organizing gambling:
Commentary to Art. 171.2 of the Criminal Code
1. A game of chance is a risk-based agreement to win, concluded by two or more participants in such an agreement among themselves or with the organizer of the game of chance according to the rules established by the organizer of the game of chance.
In accordance with the Federal Law of December 29, 2006 N 244-FZ “On state regulation of activities related to the organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation,” the organization and conduct of gambling is permitted in gambling establishments specially designated for these purposes zones
In Art. 5 of this Law contains a direct ban on the use of information and telecommunication networks in gambling, including the Internet, as well as communications, including mobile communications.
2. The objective side is characterized by the organization or conduct of gambling. The listed acts constitute the crime in question if they are carried out:
a) using gaming equipment outside the playing area;
b) using information and telecommunication networks, including the Internet, as well as communications, including mobile communications;
c) without obtaining, in accordance with the established procedure, permission to organize and conduct gambling in the gaming area.
A permit is a document granting the organizer of gambling the right to carry out activities related to organizing and conducting gambling in the gaming area without limiting the number and type of gambling establishments. The permit is valid until the relevant gambling zone is liquidated; it indicates the date from which the gambling organizer has the right to begin carrying out the relevant activities, as well as the name of the gambling zone in which such activities can be carried out.
Activities that began earlier than the specified period or in another zone (as well as outside the zone) or continue after the liquidation of a gambling establishment are also recognized as carried out without permission.
3. The organization of gambling is understood as equipping premises with appropriate equipment for conducting gambling activities, creating a staff, attracting people who want to take part in gambling, as well as performing other actions that ensure the functioning of a gambling establishment.
Conducting gambling covers the beginning, continuation and completion of a gambling game on the basis of concluded agreements on winnings or concluded agreements between two or more participants in the gambling game.
4. The crime is considered completed from the moment of organizing or conducting gambling.
5. The subject of the crime is the head of gambling establishments, who organized their activities and (or) carried out gambling.
Are online casinos allowed?
Attitudes towards gambling around the world vary: in some states their organization is permitted subject to obtaining a license, in others a license is not required at all, and in others (and this group includes the Russian Federation) a ban is imposed on the organization of gaming halls outside special zones.
The same applies to gambling conducted on the Internet. The creators of online casinos in Russia will be held accountable under Article 171.2 of the Criminal Code. However, if the organizer is a foreign company from a country where this activity is permitted, the only possible sanction is a ban on access to the online casino website. Responsibility shifts to the Internet provider.
Next, we will look at the basics of investigating gambling activities.
Investigation of cases of illegal organization and conduct of gambling
During the investigation of cases of illegal gambling business, the investigative team must establish the following points:
- availability of information about gambling;
- use of special equipment necessary for the games;
- using the Internet or other information communications for the purpose of organizing an online casino;
- the organizers of gambling games do not have a license to conduct them in the gambling zone.
So how does it all happen?
- First of all, operatives try to find out the method of committing the illegal act and the methods by which the attackers tried to hide their tracks. Next, the motives and goals of criminal activity, the amount of income from it, as well as the identities of the criminals are established.
- The operation to expose the organizers of underground casinos begins with surveillance. Employees monitor establishments that are suspicious and collect facts.
- Next, attempts are made to identify the persons who organized the gambling.
- Having collected enough information, employees make an imaginary transaction in order to check the mechanism of the organization.
- At the last stage, the documentation is checked and the equipment used for the games is examined.
- After identifying criminal activity, witnesses, victims and accused are interviewed, examinations, investigative experiments and confrontations are carried out.
Next, we will look at some court decisions of the Russian Federation on the verdict “illegal organization and conduct of gambling.”
Termination of a criminal case under Article 172.1 of the Criminal Code of the Russian Federation
From the very title of Article 171.2 of the Criminal Code of the Russian Federation, it becomes clear that we are talking about the illegal organization and conduct of gambling.
The story began when a young man contacted me, who was accused of organizing and conducting gambling using gaming equipment outside the gaming area.
A criminal case was initiated under Part 3 of Article 171.2 of the Criminal Code of the Russian Federation, but in the course of work on the case it was possible to reclassify it under Part 1 of Art. 171.2 of the Criminal Code of the Russian Federation. We must pay tribute, the detention took place quite harshly, with the participation of SOBR soldiers. Details of the arrest can be seen in the video on the Internet. The casino was located on the street. Utochkina, in the Primorsky district of St. Petersburg. But the story is not about the arrest and not about the fact that an underground casino is bad, but about how you can terminate a criminal case without getting a criminal record.
The answer is simple, you can terminate the criminal case by releasing the person from criminal liability in accordance with Art. 76.2 of the Criminal Code of the Russian Federation with the appointment of criminal measures in the form. judicial fine.
Organization and (or) conduct of gambling using gaming equipment outside the gambling zone, or without a license to carry out activities related to the organization and conduct of gambling in bookmakers and sweepstakes outside the gambling zone, obtained in the prescribed manner, or without a permit to carry out the activity obtained in the prescribed manner activities for organizing and conducting gambling in the gambling zone, or using information and telecommunication networks, including the Internet, or communications, including mobile communications, with the exception of cases of acceptance of interactive bets by organizers of gambling in bookmakers and (or) sweepstakes, as well as the systematic provision of premises for illegal organization and (or) conduct of gambling.
According to Part 1 of Art. 25.1 of the Code of Criminal Procedure of the Russian Federation, on its own initiative or based on the results of consideration of a petition filed by an investigator with the consent of the head of the investigative body, in the manner established by the Code of Criminal Procedure of the Russian Federation, in cases provided for in Article 76.2 of the Criminal Procedure Code of the Russian Federation, has the right to terminate a criminal case or criminal prosecution against a person suspected or accused of committing a crime of minor or medium gravity, if this person has compensated for the damage or otherwise made amends for the harm caused by the crime, and impose a criminal law measure on this person in the form of a court fine.
It is necessary to note that Article 25.1 of the Code of Criminal Procedure of the Russian Federation does not say that the accused or his lawyer has the right to file a petition to terminate the criminal case, but this is not the case. The accused and his defense attorney have the right to file a motion to dismiss the criminal case.
This petition can be submitted both during the preliminary investigation and in court. However, before submitting an application, a number of conditions must be met and fulfilled.
In accordance with Article 76.2 of the Criminal Code of the Russian Federation, a person who has committed a crime of minor or medium gravity for the first time may be released by the court from criminal liability with the imposition of a court fine if he has compensated for the damage or otherwise made amends for the harm caused by the crime.
According to paragraph 1 of the Review of judicial practice of exemption from criminal liability with the imposition of a judicial fine (approved by the Presidium of the Supreme Court of the Russian Federation on July 10, 2022) (hereinafter referred to as the Review), the law does not contain a prohibition on the possibility of exemption from criminal liability with the imposition of a judicial fine for cases when causing damage or other harm is not a mandatory sign of the objective side of the crime (crime with a formal element).
According to paragraph 2 of the Review, possible ways of compensating for damage and making amends for the harm caused by a crime are not limited by law. Damage caused by a crime can be compensated in any form that allows to compensate for the negative changes caused by the crime to social relations protected by criminal law. In particular, paragraph 2 of the Review provides an example, supported by the Supreme Court of the Russian Federation, of compensation for harm through voluntary performance of community service in the “Social Rehabilitation Center for Minors” and donation of funds to this institution for charity.
To summarize, in order to terminate a criminal case under Art. 171.2 of the Criminal Code of the Russian Federation, the following conditions must be met:
- Termination of a criminal case is possible under Part 1 and Part 2 of Article 171.2 of the Criminal Code of the Russian Federation; according to Part 3 of Article 171.2 of the Criminal Code of the Russian Federation, termination of a criminal case with the imposition of a court fine is impossible, since Part 3 of Article 171.2 of the Criminal Code is classified as a serious crime.
- The accused has not committed any crimes before
- The accused compensated for the damage or made amends for the harm caused by the crime.
- When the above conditions are met, it is necessary to file a motion to dismiss the criminal case.
However, it is necessary to understand that satisfying a request to terminate a criminal case with the imposition of a criminal law measure in the form of a court fine is the right of the court, and not an obligation. Based on this, it is advisable to attach documents characterizing the identity of the accused to the petition to terminate the criminal case.
In my judicial practice, the courts willingly granted the submitted petitions, the amount of fines varied from 15,000 to 50,000 rubles. It is also necessary to remember that if the fine is not paid within the period specified in the resolution, the criminal proceedings are resumed.
Copy of the decision on the case:
