Ban on entering gaming centres and participation in as gambling as penal measure Cover Image

Środek karny zakazu wstępu do ośrodków gier i uczestnictwa w grach hazardowych
Ban on entering gaming centres and participation in as gambling as penal measure

Author(s): Dorota Kamuda, Małgorzata Trybus
Subject(s): Criminal Law, Public Law, Substance abuse and addiction, Penal Policy
Published by: Wyższa Szkoła Bezpieczeństwa Publicznego i Indywidualnego “Apeiron” w Krakowie
Keywords: ban on entering gaming centers and participation in gambling; penal measure; gambling; offence;

Summary/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. he 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. 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.

  • Issue Year: 2017
  • Issue No: 26
  • Page Range: 156-171
  • Page Count: 16
  • Language: Polish