Gambling is an activity that relies on the factor of luck and is undertaken with the aim of gaining money or other value. Providing a place and opportunity for gambling means providing a place or environment for someone to gamble. This can be done by operating a casino, betting office or other gambling establishment, or by providing a place or environment for a person to gamble.
The crime of providing a place and opportunity for gambling is regulated in Article 228 of the Turkish Penal Code. According to this article, “Any person who provides a place or opportunity for gambling is punished with imprisonment from one to three years and a judicial fine of not less than two hundred days.”
Elements of the Crime of Providing a Place and Opportunity for Gambling
Providing a place or opportunity for gambling: The essential element of the crime is the provision of a place or environment for a person to gamble.
Intention: The crime must be committed deliberately.
Victim: The victim of the crime is society.
Qualified Cases of the Crime of Providing a Place and Opportunity for Gambling
Providing a place and opportunity for children to gamble: If the crime is committed by providing a place and opportunity for children to gamble, the upper limit of the penalty is increased by up to two times.
Providing a place and opportunity for gambling is committed using information systems or tools: If the crime is committed using information systems or tools, the upper limit of the penalty is increased by up to two times.
Complaint for Providing a Place and Opportunity for Gambling
The crime of providing a place and opportunity for gambling is subject to complaint. However, if the crime is committed against children, it is not subject to complaint.
Statute of Limitations for the Crime of Providing a Place and Opportunity for Gambling
The statute of limitations for the crime of providing a place and opportunity for gambling is eight years.
Prevention of the Crime of Providing a Place and Opportunity for Gambling
In order to prevent the crime of providing a place and opportunity for gambling, people should not provide a place and opportunity for gambling. Additionally, raising awareness about the harms of gambling can also help prevent crime.
Examples of the Crime of Providing a Place and Opportunity for Gambling
The crime of providing a place and opportunity for gambling can be committed in many different ways. For example, operating a casino, operating a betting office, providing a place or environment for a person to gamble, advertising a gambling game or encouraging the playing of a gambling game may be considered an offense of providing a place or opportunity for a person to gamble.
