The impact of monopolization of the gambling sector in the Republic of Moldova on criminal liability for manipulation of an event and arranged bets

Author:Gheorghe Reni??
Position:Department of Penal Law, Faculty of Law, Moldova State University, Chisinau, Republic of Moldova, gheorghe.renita@constcourt.md.
Pages:74-96
SUMMARY

This paper analyzes the impact of monopolization of the gambling sector in the Republic of Moldova on criminal liability for manipulation of an event and the arranged bets. In this respect, the author made use of the regulatory framework, doctrinal approaches, as well as the judicial practice in this field. In the light of the jurisprudence of the Court of Justice of the European Union, it was... (see full summary)

 
FREE EXCERPT
The impact of monopolization of the gambling sector
in the Republic of Moldova on criminal liability
for manipulation of an event and arranged bets1
Lecturer Gheorghe RENI2
Abstract
This pa per a nalyzes the impact of monopolization of the gambling sector in the
Republic of Moldova on criminal liability for manipulation of an event and the arra nged
bets. In this respect, the author made use of the regulator y framework, doctr inal
appro aches, as well as the judicial practice in this field. In the light of the jurispr udence of
the Court of J ustice of the European Union, it was concluded that monopoly in the field of
gambling could be justified only if the goal to combat the danger s of gambling is pursued in
a coher ent and systematic manner . Moreover, it ha s been stated tha t the Pa rliament of the
Republic of Moldova hurried to decide on the establishment of the state monopoly on the
gambling sector , there being no large public debate in respect of this issue. On the other
hand, it was shown th at the sta te cannot appear as a victim of the arr anged bets offence,
even though in the Republic of Moldova the a ctivity of organizing and condu cting betting is
the monopoly of the state. It ha s also been concluded that ther e is no objective and
reasona ble argument to prohibit bets on events that ha ve no sporting na ture in the Republic
of Moldova. F urthermore, legislative inconsistencies in this field ha ve been highlighted and
solutions have been proposed.
Keywords: monopoly, gambling, betting, sports event, betting event, manipulation of sports
competitions, match-fixing.
JEL Classification: K14
1. Introduction
Gambling has a considerable economic significance. At the same time, this
activity rises serious risks to society. For these reasons, states have felt the need to
establish rigorous and unitary regulations in this matter.
In the Republic of Moldova, the legal framework for the organization and
conduct of gambling was first set up by Law no. 285 of 18 February 1999 on
gambling3 (hereinafter referred to as brevitatis causa Law no. 285/1999).
1 The author expresses many thanks to Professor V italie Stati for useful comments and suggestions.
Also, the author expresses many thanks to Professor Natalia Vîlcu-Bajurean for valuable help with
the English translation of the present study. The author is fully responsible for any erro rs in this
article.
2 Gheorghe Reni - Department of Penal Law, Faculty of Law, Moldova State University, Chisinau,
Republic of Moldova, gheorghe.renita@constcourt.md.
3 The Law of the Republic of Moldova no. 285 of 18 February 199 9 on gambling (repealed),
published in the Official Gazette of the Republic of Moldova, 1999, no. 50-52.
Juridical Tribune Volume 8, Special Issue, October 2018 75
According to this Law, only the development of national lotteries constituted the
monopoly of the state.
In essence, Law no. 285/1999 regulates, under certain conditions, an open
market for the organization and carrying of gambling on the territory of the
Republic of Moldova.
Later, things took another turn. In concreto, on 16 December, 2016, the
Parliament of the Republic of Moldova enacted the Law no. 291 on the
organization and carrying of gambling4 (Law no. 291/2016), which, as a matter
of fact, has replaced (from 6 January 2017 the date of publication and,
accordingly, the date of entry into force) Law no. 285/1999.
According to Art. 3 para. (1) of the Law no. 291/2016, the organization and
conduct out of the activity in the field of gambling on the territory of the Republic
of Moldova, except for the maintenance of casinos, is a state monopoly and takes
place under the provisions of that law.
At the same time, according to paras. (2) and (3) of the same article, the
state monopoly on gambling activity is carried out by the state through the National
Lottery of Moldova. Moreover, gambling organization activity, which is a state
monopoly the National Lottery of Moldova is not subject to licensing.
Some of the provisions of the Law no. 291/2016 are reference norms for
Art. 2421 Manipulation of an event and Art. 2422 Arranged bets5 of the Penal
Code of the Republic of Moldova (PC RM).
In this article the author proposes to estimate the impact of the
monopolization of the gambling sector in the Republic of Moldova on the criminal
liability for such activities as manipulation of an event and arranged bets, taking
into consideration in this respect the broad legal provisions, doctrinal approaches,
as well as the judicial practice.
2. The concept of „manipulation of an eventand arranged bets
In order to achieve the proposed goal, first of all, it is necessary to
elucidate the concepts of manipulation of an event and arranged bets in the
meaning conferred by the criminal law of the Republic of Moldova.
Thus, according to Art. 2421 para. (1) PC RM, manipulation of an event
means encouraging, influencing or training a participant in a sports event or a
betting event to take actions that would produce a vicious effect on the event in
order to obtain goods, services, privileges or benefits in any form whatsoever, for
4 The Law of the Republic of Moldova no. 291 of 16 December 2016 on the organization and conduct
of gambling, published in the Official Gazette of the Republic of Moldova, 2017, no. 2-8.
5 Art. 2421 Manipulation of an event and Art. 2422 Arranged bets have supplemented the
Criminal Code of th e Republic of Moldova following the enactment by the Parliament of the
Republic of Moldova of the Law no. 38 of 21 March 2013 amendin g and supplementing certain
legislative acts (published in the Official Gazette of the Republic of Moldova, 2013, no. 75-81), in
force since 12 April 2013.

To continue reading

REQUEST YOUR TRIAL