Participation in overseas wagers in the Internet is not punishable

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District Court in Plonsk issued a judgment acquitting  player who participated in organized mutual betting on the Internet by a foreign bookmaker.

The court came to the conclusion that it is impossible to prove the player intentional criminal offense on the conscious participation in “illegal” gambling and that participation in the game through the Internet can not be penalized as an illegal game in the Polish Republic.

In the explanatory memorandum states: “you should also pay attention to another aspect of any possibility of incurring criminal liability to the online betting organized by entities established abroad, namely the provision of Article. 3 § 2 k.k.s. expressing the principle of territoriality, according to which the provisions of the Code apply to offenders who committed offenses on Polish territory. ”

“With traditional bookmaking business, where participants include betting at retail, the designation does not cause problems, but doubts arise when people enter into contracts through the Internet. In this respect, reference should be made to art. 70 § 2 of the Civil Code, which states that in case of doubt the contract shall be deemed concluded in the place of receipt by the tenderer a statement of acceptance, and if access to the tendering declaration of acceptance is not required or the bid is submitted in electronic form – in place of residence or registered office of the tenderer at the time of concluding the contract.

There is no doubt that websites of entities operating in the furnishing betting offer listings for adoption – by making the participant proper disposal of electronic – leads to the conclusion of wager agreement. Thus, according to the abovementioned Article. 70 § 2 of the Civil Code, the place of conclusion of the contract, and thus ‘participation’, is the headquarters of the tenderer at the time of concluding the contract. Therefore, without affecting the determination of the place of the agreement will be the actual location of devices – Server, which provides services to the bidder as communication devices are localized in many different places and there is no way take into account the condition of their position, since it has no significant impact on the shape of the agreement. Likewise without affecting the shape of the agreement remains the location of the device from the hard drive, which uses a participant of such undertakings and games. According to the Court a person who enters the mutual wager or participating in a game of chance organized by an entity established abroad and offering this kind of bets or games through the course of his website “participate” in the game beyond the borders of the Polish Republic. “

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