Yet another courts statement that discontinues proceedings iniciated by Customs Office against accused of using foreign bookmaker’s website.
On January 2016 District Court issued a decision with justification that devastates the charges and dismisses the evidence (or lack of them) on participation of Polish citizen in foreign gambling games.
The court states that the proceeding should be discontinuated due to lack of factual prosecution basis. Prosecutor did provide the evidence in form of payments on polish account made by foreign bookmakers, nevertheless it was never proven that the prosecuted participated in the game on Polish territory.
Moreover, the court noted that having an account and legal residence adress in the country cannot be equated with operating on its territory, especially in context of internet operations, which could be performed from any place on Earth.
According to the court, playing gambling game on a foreign website isn’t considered taking part in a gambling game on Polish territory.
The Court considers if statuatory prohibition of participation in lawfully organized online gambling games abroad violates the law concerning free movement of goods and services in European Union; gambling limitations in Poland are inconsistent with article 56 of European Union Treaty.
And so, according to the court, even if Customs Office would prove that the accused registered in Poland had taken part in a gambling game on a website registered in other EU’s country, it would not meet the legal criteria of crime.