The Court of Appeal of Palermo with a sentence of recent days confirmed the fine of 8.000 euros to an amusement machine management company for the irregularity found on two totem-type devices installed inside a bar. For the judge there would be no doubts that the device connected via the Internet was used to access gaming sites online.com.
To 'frame' the manager the technical expertise ordered by the court.
"... Consequently, as observed by the ### appellant, it cannot be considered that these devices are exclusively "simple telematic workstations intended for e-commerce", but rather "... real entertainment devices, devoid of the legality characteristics provided by the legislation and without the mandatory authorizations issued by the ADM, resulting that "the harmless gaming activity is used only as a protective screen". given the irrelevance of the circumstance of the alleged lack of cash winnings, it is sufficient to recall that: “In terms of administrative sanctions, they constitute the hypothesis of gambling and randomness, giving concrete form to the prohibition pursuant to paragraph 7 bis of art. 110 of rdn 773 of 1931 (TULPS), gaming machines that allow the selection of the "poker room" option and distribute prizes, albeit in the form of points that can be spent online, given that cash winnings are also those which involve savings on purchase of a product, while the purpose of profit that characterizes illegal gambling need not necessarily translate into a sum of money, it being sufficient that it be an economically appreciable gain." (Cas. n. 101/2016 and 23954/20). …” (cf. Court of Appeal of Palermo, Sentence n. 1493/2023 of 31-08-2023)”.
