Cassation. Does the sanction apply for the simple exercise of gambling using devices prohibited by law?

(Jamma) The exercise of gambling with automatic and electronic devices constitutes the offense provided for by art. 4, paragraph 4, law n. 401/1989 only when the organization of bets and predictions on games of chance performed by means of prohibited devices is demonstrated. This was affirmed by the Court of Cassation in sentence n. 44645, filed November 5, 2013.