By definition, games of chance are games whose outcome depends solely on luck or chance. Thus, in this area fall mainly classical lotteries, such as lottery, but also casino games, such as dice, roulette and games according to the coin toss principle (head or figure). Less clear is the assignment as a game of chance in those games in which the output can be more or less influenced by the player, be it through skills in dealing with cards or the skill of a slot machine game.
If you want to offer casino games or a class lottery in the country, you have to have them licensed by a federal state. The poker that has become more and more popular in the last few years looks a bit different: Although luck also plays a big role here, the skills of the players also influence the game considerably. With S128 you will surely have the options open now.
What do players have to consider in principle?
For players, such information, such as the punishability of illegal gambling offer important because they make themselves punishable in case of involvement in this under § 285 StGB. Private poker rounds, where many of the participants are also concerned, are generally not interested in prosecutors and the police because they can hardly be considered as public gambling. However, it should be ensured that the event is actually private and remains private.
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Otherwise, in addition to the possible criminal consequences also a number of other risks to players. The regulations on data protection, for example, are not guaranteed when participating in illegal gambling. In addition, profit claims against providers of illegal games can not simply be claimed – because even official gambling contracts can be ineffective for various legal reasons. And even with a fundamental effectiveness of the contract determines the Civil Code (BGB) that no liability is established by a bet or a game; there is therefore no enforceable right to the payment of a possible profit. However, according to § 762 para. 1 sentence 2 BGB, a recovery of claims already fulfilled is ruled out.