DR. SARAFI successfully takes action against an illegal house search on allegations of illegal gambling advertising

Giessen, July 25, 2024 — Groundbreaking success in criminal gambling law: Gießen district court overturns search warrant. DR. SARAFI lawyers achieve complete suspension of proceedings and compensation for affiliate operators.

facts

One of our clients, one of the largest German sports betting affiliates, had his residential and commercial premises searched.

All of his electronic devices — smartphones, notebooks, PCs — were seized and taken away. In January 2024, we were tasked with defending him.

Complaint against the search warrant

We have filed an appeal against the search warrant and the search carried out. In doing so, we referred to our article “Dr. Sarafi: On the question of the legality of house searches in criminal gambling law investigations: A critical analysis of the practices of public prosecutors and criminal judges” and explained that the search was, among other things, disproportionate and illegal for this reason as well.

We also emphasized that the public prosecutor's office and the criminal court hastily considered the constituent element of advertising to be met simply because affiliate links were available.

Response from public prosecutor and district court

As expected, both the public prosecutor and the criminal judge were of the opinion that the search was lawful. The public prosecutor's office requested that our complaint against the search warrant be dismissed and the district court granted this request and dismissed our complaint.

We have appealed against this.

Success before the district court of Gießen

By order of June 6, 2024, the 7th Grand Criminal Division of the Gießen Regional Court ruled in response to our appeal against the decision of the Gießen District Court that the search warrant issued by the Gießen District Court must be set aside.

The 7th Grand Criminal Division fully agreed with our arguments. Our client received back all his belongings and is being compensated by the state for the illegal search and seizure of his property.

Suspension of proceedings

On July 25, 2024, we also received the good news that the criminal proceedings under Section 170 (2) StPO were discontinued without payment of money or other conditions.

The client therefore has no criminal record nor has he suffered any disadvantages.

Legal assessment

This case exemplifies the problems in investigative practice in criminal gambling proceedings:

• Disproportionate searches: House searches are often disproportionate if more lenient means of obtaining evidence would be available.
• Lack of differentiation: The mere existence of affiliate links does not automatically satisfy the offence of “advertising” within the meaning of criminal gambling law.
• Lack of specialist knowledge: Many public prosecutors and criminal courts do not have sufficient knowledge in the specialized area of criminal gambling law.

Meaning of the decision

The decision of the Gießen Regional Court is groundbreaking for legal practice in criminal gambling law. It clarifies that:

• House searches must withstand a strict proportionality test
• The constituent element of “advertising” must not be prematurely affirmed
• Affiliate activities should be considered in a differentiated way
• The rights of defendants must be effectively protected

Specialization in criminal gambling law

The peculiarities of criminal gambling law are often not recognized by ordinary defense lawyers and public prosecutors and require special expertise, which we can offer through our many years of practical and in-depth scientific expertise in this area.

DR. SARAFI lawyers have made a name for themselves in the area of criminal gambling law and can look back on numerous successful proceedings. Our specialization includes:

• Defence in criminal gambling proceedings
• Challenging illegal search warrants
• Advice to affiliates and advertising partners
• Expert opinions in gaming law
• Preventive advice to avoid criminal law risks

conclusion

This case underlines the importance of specialized and well-founded defense in criminal gambling law. Thanks to our consistent legal arguments and expertise, we were not only able to achieve the cancellation of the illegal search warrant, but also a complete termination of proceedings without any conditions.

The client has been fully rehabilitated and receives compensation for the interference with his rights suffered. This shows that effective legal protection is also possible in criminal gambling law — provided that you have the necessary specialist knowledge.