Abstrakt-generelle Duldungen im europäisierten Glücksspielstrafrecht

Gaede examines the little-discussed question of whether administrative acquiescence precludes the accusation of unlawful gambling against the background of EU law. He shows that the transitional regime established until the full enforceability of the State Treaty on Gambling in 2021 limits criminal liability. In detail, he explains why a total internet ban on virtual slot machine games is no longer in conformity with EU law. He clarifies that general tolerations can also exclude § 284 StGB if they are in accordance with the legal discretion of the authorities. Gaede discusses the legal situation before and after 1.7.2021. The author is co-editor of the series and professor in particular of German and European economic criminal law.