BAN ON ENTERING GAMING CENTRES AND PARTICIPATION IN AS GAMBLING AS PENAL MEASURE

• Authors: KAMUDA, DOROTA , TRYBUS, MAŁGORZATA

Abstracts

EN

Abstract Penal measure in the form of ban on entering gaming centers and participation in gambling did not appear in the original version of the Criminal Code from 1997 year. It was introduced into the catalog of penalties specified in the Article 39 C.C. by the law on gambling of 19 November 2009. Purpose The purpose of this study is to look more closely into regulations on this penalty. The analysis presents remarks on the merit of the ban, meaning of it in particular, scope, conditions for application, mode of judgment, duration time, and execution. Besides, exemplary offences described in detailed part of the Criminal Code are indicated, which, if committed, may justify court judgment. It is also noted that judgment of banning entry to gaming centers and gambling is not possible for perpetrators of offences specified in Chapter 9 of Fiscal Criminal Code. Therefore, the study also includes suggestions de lege ferenda. Research method The research method was conducted during the preparation of the study which was a dogmatic approach. The arrangements within this research have a theoretical undertone. As well, normative materials, doctrine views and judicial decisions were taken into consideration. Result of reflections As a result of reflections, it has been stated that Article 41 C.C. is imprecise. The wordings included are ambiguous. Resulting in the raise of concern in the various interpretations. According to the authors, caring out these modifications might allow for the ruling of this ban to also serve against perpetrators of the crimes in the Treasury Organizations of Gambling. This would provide an opportunity for the system location to change these offenses. Creating this chapter concerning penal provisions and the crimes listed about within The Gambling Law, will lead to a conversion of the common categories of offenses. Therefore, it will give the opportunity to rule against perpetrators of the Ban On Entering Gaming Centers and participating in the games of chance. The main conclusion In conclusion, the statement introduced in Act of 19 November 2009 about gambling, was not well-thought-out. Thus, it does not provide or guarantee comprehensive implementations to the main objective of the introduction to the ban. That main objective being to prevent those who have committed previous or current offenses from participating in the games.

Keywords

EN

ban on entering gaming centers and participation in gambling; penal measure; gambling; offence

• Publisher: Wyższa Szkoła Bezpieczeństwa Publicznego i Indywidualnego “Apeiron” w Krakowie
• Journal: Kultura Bezpieczeństwa. Nauka – Praktyka – Refleksje
• Year: 2017
• Volume: 26(26)
• Pages: 156-171

Dates

published

2018-08-08

Contributors

author

KAMUDA, DOROTA

author

TRYBUS, MAŁGORZATA

Identifiers

DOI

10.24356/kb/26/7