La Court of Auditors opened proceedings against one public gaming concessionaire company contesting the violation ofcontrol obligation at the game distribution point.

Specifically, reference is made to the case of a gaming operator who, in 2016, was taken to court by the Court of Auditors to contest the payment of over 580 thousand euros for tax damages resulting from the failure to remit the proceeds deriving from the collection of bets.

During the trial it emerged, as reported by the accused himself, that the games in question had been made by the same subject, in a 'real' and not virtual way, due to the state of inability to understand and will caused that night by the sudden state of confusion and total unconsciousness which subsequently led to his hospitalization in a psychiatric facility.

According to the operator's version there had been neither collection of money from third players nor payment of winnings, hence a possible contribution of responsibility for what happened to the Monopolies Administration itself, which, instead of intervening immediately to block the system, only a few weeks after the events the administrative procedure for the revocation of the concession began.

Subsequently, during the trial, the subject was acquitted. From the documentation produced, a series of circumstances had in fact emerged which demonstrated the defendant's state of inability to understand and desire which excluded the existence of the psychological element (as the pathological state prevented the formation of a will).

Same Court of Auditors relieved the Customs Agency of any responsibility, deeming compensation for damage not due.

Years after that ruling, the story opens on another front, with the concessionaire being taken to court for failure to timely deactivate the gaming terminals, or violation of service obligations regarding the control of anomalous bets. The consequence could be the recognition of fiscal damage. ca JAMMA

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