Środki reakcji karnej, które mogą zostać orzeczone wobec sprawcy przestępstwa uzależnionego od hazardu w wybranych państwach europejskich i Australii
Penal Response Measures That May Be Imposed on a Gambling-Addicted Offender in Selected European Countries and Australia

Summary/Abstract: Gambling addiction is a significant social problem and, at the same time, a mental disorder. One of its negative effects may be the commission of offences. The purpose of this article is to determine whether gambling addiction affects the criminal liability of an offender who has committed an offence related to gambling addiction, and whether the criminal law instruments of selected European countries allow the offender to be required to undergo addiction therapy in such a situation. In Germany and Poland, where criminal law is based on the principle of guilt, gambling addiction generally does not result in a finding that the offender was insane at the time of the act. It is possible to find that a gambling-addicted offender acted with diminished capacity at the time of the act, but this occurs only in exceptional cases. In Sweden, where criminal law is not based on the principle of guilt and the concept of insanity does not exist, gambling addiction can only affect the choice of the type of penalty. In Poland, Germany, and Sweden alike, it is possible to require an offender who has committed an offence related to gambling addiction to undergo therapy with his consent. In all three countries, this obligation takes the form of a probationary measure/condition. In Poland, placing such a person in a psychiatric hospital is excluded; in Germany this is possible only in theory; in Sweden it occurs only in exceptional cases. In none of the countries analysed, however, are there legal regulations that would allow such an offender to be placed in an addiction treatment facility without his consent, although such a possibility exists in each of these countries for offenders addicted to alcohol or narcotic substances. In the authors' opinion, there are reasons in favour of introducing regulations allowing a gambling-addicted offender to be required to undergo addiction treatment without his consent. The absence of such a possibility raises doubts as to the equality before the law of offenders with a behavioural addiction and offenders addicted to substances.

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