Inspections and sanctions

The inspection unit of the Gaming Commission (GC) consists of:

• Public officials with "Judicial Police Officer" status
• Liaison Officers of the Federal Judicial Police

They carry out inspections in the field on a regular basis. These inspections can take place both in licensed gaming establishments and in illegal gambling dens or private homes. Among other things, the inspectors look for illegal gambling sites, prohibited betting (e.g. cockfighting), illegal poker tournaments or prohibited automatic gaming machines.

If a licence holder violates the Gambling Act, the GC can impose an administrative penalty. This can range from a warning to the suspension of the operation of some machines for a certain duration, and even the withdrawal of the licence. A sanctions procedure is subject to strict rules. The GC will consult with other parties extensively before making any decision. Licence holders who are at risk of a sanction can defend themselves before the GC, whether or not assisted by a lawyer.

The Gambling Act falls under criminal law. This means that offenders can also be prosecuted for certain offences. The GC can also impose fines if the public prosecutor decides not to prosecute. As a result, not only the licence holders but also the players are called to account. The fines give the GC considerable clout, resulting in effective oversight. The GC may, under certain conditions, grant deferral in imposing these administrative fines.

To coordinate the various inspections, the GC can rely on the support of various services. Cooperation with these services has ensured that the GC has performed many successful inspections in the past, including the closure of illegal gambling dens and the imposition of sanctions on licence holders. 

• Board of Procurators General, public prosecutors and the police

The GC works closely with the various police departments to control and punish illegal gambling. In this context, the GC also maintains contacts with the Board of Procurators General and the public prosecutors. If violations of the Gambling Act are identified, the GC draws up an official report that is submitted to the public prosecutor's office. The latter will decide whether or not to prosecute. The public prosecutors give priority to illegal gambling involving minors or criminal organisations.

• Financial Intelligence Processing Unit (CTIF-CFI)

The cooperation with the CTIF-CFI primarily relates to combating money laundering. Games of chance are a possible way of money laundering. As regards money laundering, the GC has a supervisory function pursuant to the Money Laundering Act of 18 September 2017.

• Taxation

The GC is not competent for the taxation of games of chance. This falls within the competence of the regions: