Black lottery
Black lottery is the slang term for a lottery that is organized or brokered illegally without permission .
background
A lottery is a game of chance that may only be organized or brokered publicly with the permission of the responsible German authorities. Permits from foreign authorities, including those from EU member states, have no effect in Germany. A lottery is “ public ” if the opportunity to participate is open to a larger, non-closed group of people or if the lottery is carried out habitually in associations or other closed societies.
Lottery offers that are not permitted or are not permitted according to legal regulations are referred to as black lotteries . For the designation of an illegal lottery as a black lottery , it does not matter whether the respective lottery offer is not permitted according to the legal requirements or whether the organizer or the agent does not have a permit in the case of a permitted lottery.
Differentiation from the bet
A new variant of legally questionable gambling offers in the sense of "black lotteries" are bets on the results of permitted lotteries, e.g. B. to the next drawing of the lottery numbers 6 out of 49 . Such games of chance are often incorrectly referred to by the organizers as a "second lottery" or "secondary lottery". However, providers based abroad do not mediate participation in the advertised permitted lottery events (such as the commercial gaming agents approved in accordance with Section 3 (6) GlüStV ), but promise the customer, if they win, the payment of an amount that corresponds to the quota of the lottery in question. This means that there is no contractual relationship and thus no claim to the winnings of the player against the organizer of the lottery being wagered, but only a claim of the player against the provider of the bet, because this is not a lottery participation, but a bet with a third party on the result of a Lottery drawing. One speaks therefore also of black lottery bets or black bets , since although they are not lotteries, they are still illegal gambling . Not only the organizers but also the consumers participate in the illegal gambling
etymology
The word component “black” is used in the figurative sense with the meaning “illegal, without permission”. The terminology is to be seen in analogy to terms such as black money , moonlighting, black cash registers or fare dodging.
literature
- Johannes Dietlein , Manfred Hecker, Markus Ruttig (eds.): Gambling law. State Treaty on Gambling, § 284 StGB, §§ 33c ff. GewO, SpielVO, RennwLottG, GG, EGV, GATS, EV / SlgLottVO-DDR u. a./comment . CH Beck, Munich 2008, ISBN 978-3-406-58093-2 .
Web links
- Carsten Knop: Not all lottery is the same . FAZ
- Dubious syndicates: the lottery in twilight . test.de
- Provision of betting and lottery services: betting communities. Consumer Center Bavaria, bayern.de
- LOTTO on the Internet - what should you watch out for? Saarland Consumer Center, vz-saar.de
- How quickly the online lottery game can be illegal (welt.de)
- Knowing / The logic of the lottery sueddeutsche.de
Individual evidence
- ↑ § 3 “Definitions” Paragraph 3 Sentence 1 GlüStV
- ↑ § 4 “General Provisions” Paragraph 1 GlüStV
- ↑ § 3 "Definitions" Paragraph 2 GlüStV
- ↑ Thomas Dünchheim: Black Lottery Betting - A synthetic gambling product and its legal determinants . (PDF) In: ZfWG , 2018, pp. 85–86
- ^ Lutz Röhrich: Duden. Lexicon of the proverbial idioms . 5th edition. tape 4 . Herder, Freiburg 2001, p. 1436 ( duden.de [accessed on June 3, 2016]).
- ↑ black ( Wiktionary )
