Sensational acquittal in Naples in favor of a charging point owner contracted with a well-known GAD dealer. Assisting him is the lawyer. Mark Ripamonti (in the picture).
During an inspection dating back to 2021, the holder of the PVR was charged with a series of alleged criminal violations all attributable, according to the Neapolitan Prosecutor's Office, to the crime of prohibited intermediation pursuant to Article 4 of Law 401/89 and to the crime of gambling. In particular, the provision of Web stations to customers with which to play on the dealer's portal, the possibility of the PVR having a "mother" account with which customers can top up, the installation of software by of the concessionaire aimed at allowing the PVR to view the collection volumes generated by the accounts established at the PVR itself, in order to account for the commissions on the basis of the collection itself.
The defense, with a detailed discussion, supported the non-existence of the crime referred to in Article 4 of Law 401/89, arguing that neither the provision of Web stations nor the printing of bet reminders directly by customers constitutes a crime. . As for the determination of commissions on the basis of the collection volumes generated, the lawyer. Ripamonti argued that this does not indicate either intermediation or other crimes, including violation of advertising bans, as it is the prerogative of the dealer and his collaborators, Skin and PVR, to determine the commission plans freely, provided that no intermediation is implemented, as these are legitimate aspects linked to the promotion and marketing of products.
The result was full acquittal because "the fact does not exist" with the computers being released from seizure.
The owner was also acquitted of the crime of gambling, the defender having demonstrated that no games other than those certified on the platform had been offered by the concessionaire. In discussion of the trial the lawyer. Marco Ripamonti deduced how the concepts of promotion and marketing are often confused not only with the crime of intermediation, but even with the violation of the advertising ban provided for by the dignity decree.
“The PVR – the Viterbo professional told Jamma – continues to be a little-known element of the supply chain. I have heard talk about the enabling law for the amnesty of PVRs, as if these were elements that have been prohibited up to now and therefore need to be remedied. I would not like professionals to confuse the PVRs with the 2015 CEDs, senselessly drawing on the 2015 and 2016 Stability Laws, which have nothing to do with charging points. It would be frankly paradoxical."
