Illegal Gambling Crimes (7258)

1. Introduction

One of the most powerful impacts of digitalization on the sports economy is the massive growth in the betting sector.
However, this growth has brought with it illegal betting networks, the risk of money laundering, and increased vulnerability of athletes to manipulation.

Therefore, Law No. 7258 on "Betting and Gambling in Football and Other Sports Competitions,", criminalized illegal betting activities and the regulations of the Turkish Penal Code, MASAK (Financial Crimes Investigation Board), and BTK (Information and Communication Technologies Authority) .

This article will examine in detail the elements of illegal betting crimes, the groups of perpetrators (clubs, managers, athletes), financial monitoring mechanisms, and the current practice of the Supreme Court of Turkey.

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2. Legal Basis: Law No. 7258

2.1. Basic Regulation – Article 5

Article 5 of Law No. 7258 defines illegal betting offenses as follows:

"Persons who operate, facilitate, collect money for, or advertise betting or games of chance outside of authorized institutions shall be sentenced to imprisonment for three to five years and a judicial fine of up to twenty thousand days."

This article, unlike the general provisions of the Turkish Penal Code, is a special penal norm with both administrative and judicial aspects.

2.2. Acts of Assistance and Mediation

The phrase "facilitating the playing" in the same article includes both physical intermediaries (neighborhood representatives, dealers) and digital platform operators . In this respect, Article 5 of Law No. 7258 is directly related to cybercrimes committed over the internet

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3. Material Elements of the Crime

3.1. Fail

Anyone could be the perpetrator; however, in practice, three main groups stand out:

1. Club officials: Those who engage in illegal gambling under the guise of sponsorship or revenue transfer.

2. Athletes: Those who participate in betting activities that will affect the outcome of a match.

3. Agents and brokers: Individuals who connect players or clubs with illegal platforms on behalf of the players or clubs.

3.2. Verb

The material subject of the crime is "operating or facilitating gambling."
These actions take place in three stages:

• Installation phase: Preparation of the site or system infrastructure.

• Operation phase: Receiving bets, collecting money.

• Brokerage stage: Finding customers for bettors or facilitating transfers.

3.3. Subject and Conclusion

The legal values ​​protected are public order, the security of the financial system, and integrity in sports.
The consequence is that "the operation or facilitation of betting causes harm to the public."

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4. Spiritual Elements (Intent and Purpose)

The crime under Article 7258, Section 5, with direct intent .
The perpetrator must know that the activity is illegal and knowingly carry it out.
Indirect intent or negligence is not sufficient.

Supreme Court of Appeals, 7th Criminal Chamber, Case No. 2019/567 E., Decision No. 2020/1534 K.:

"The fact that the defendant advertised the betting site knowing it was based abroad demonstrates that the crime was committed with direct intent."

Additionally, the "purpose of generating profit" is required. Virtual games that are purely for entertainment or solidarity are not considered under this clause.

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5. Supreme Court Case Law and Application Examples

5.1. Supreme Court 19th Criminal Chamber, Case No. 2021/348, Decision No. 2021/734.

"Since the defendant, who had an illegal betting terminal in his coffee shop, was found to have exchanged money with the system administrator, the elements of the crime of operating a betting operation have been met."

In this decision, responsibility has been interpreted broadly because it combines physical space and digital access

5.2. Supreme Court 7th Criminal Chamber, Case No. 2020/1954, Decision No. 2021/2433.

"A sports club manager's tolerance of the use of jerseys containing illegal betting advertisements constitutes an act of facilitation."

Here, it has been accepted that the club manager contributed to the commission of the crime through "negligent conduct" .

5.3. Supreme Court 19th Criminal Chamber, Case No. 2022/122, Decision No. 2022/1451.

"Both Article 7258, Section 5 and Article 6222, Section 11 (attempted match-fixing) can be applied concurrently to a football player who deposits money into a betting platform and places a bet on the outcome of his team's match."

This precedent the athlete's dual responsibility (betting + ethical violation).

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6. Risk Areas for Managers, Athletes, and Clubs

6.1. Managers

If agents invest in illegal betting sites or offer their players opportunities to earn money through these sites:

• 7258 m.5 (facilitating the playing),

• Turkish Penal Code Article 38 (incitement),

• Article 15 of the Financial Crimes Investigation Board (MASAK) (breach of obligation)
  can be applied concurrently.

6.2. Athletes

For athletes, engaging in illegal betting is not only unethical but also a crime.
Regarding disciplinary action, Article 44 of the TFF Disciplinary Regulations applies, while for penalties, Articles 7258 (Article 5) and 6222 (Article 11) can be considered together.

If an athlete bets on their own match, this is interpreted as " attempted match-fixing "

6.3. Clubs

If clubs enter into sponsorship relationships with illegal platforms or redirect ticket sales channels to betting sites:

• Security measures for legal entities (ban from competition, fine),

• The manager will be given an individual prison sentence.

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7. Financial Monitoring and MASAK Aspects

7.1. Article 6 of Law No. 7258 – Combating Financial Actions

Illegal gambling revenues are the most common source of money laundering (Turkish Penal Code Article 282) . Therefore, MASAK and BTK work in coordination.

• Banks and payment institutions issue "suspicious betting transaction reporting forms".

• Crypto asset transfers have also been under monitoring since 2021.

7.2. Electronic Evidence

Supreme Court 7th Criminal Chamber, Case No. 2021/1261, Decision No. 2022/754:

"The fact that the server logs originate from abroad does not prevent the detection of the crime; user access within Türkiye is sufficient evidence."

Therefore, the "the server is located abroad" defense is not valid.

7.3. Seizure of Assets

According to Article 128 of the Code of Criminal Procedure and Article 17 of the Financial Crimes Investigation Board, illegal gambling proceeds are confiscated.
This a protective measure and constitutes a limited interference with property rights.

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8. Distinction Between Disciplinary and Penal Processes

These three processes are carried out independently of each other. Therefore, an athlete can be banned by the Turkish Football Federation (TFF) and punished by the court for illegal betting

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9. Standards of Evidence in Practice

9.1. IP and Account Matching

Prosecutors generally perform IP-IBAN matching through BTK (Information and Communication Technologies Authority) and banking records . However, IP matching alone raises "suspicion"; it is not sufficient for conviction. Supreme Court 19th Criminal Chamber, Case No. 2022/845 E., Decision No. 2023/512 K.:

"Unless a money transfer is detected along with the IP address, the defendant's criminal intent cannot be established."

9.2. Witness and Confession Evidence

Confessions alone are not sufficient; they must be supported by tangible evidence such as "money earned" or "client relationship."
This principle is a reflection of Article 217 of the Code of Criminal Procedure, which mandates "evidence beyond all reasonable doubt."

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10. The Court of Cassation's Approach and Criminal Policy

Over the past five years, the Supreme Court has established the following principles regarding illegal gambling offenses:

1. The intention to generate profit is sought. (Supreme Court, 7th Criminal Chamber, 2019/567 E.)

2. The act of mediation is interpreted broadly.

3. Server location is irrelevant.

4. The manager and club executive could also be the perpetrator.

5. Failure to report the earned money to MASAK (Financial Crimes Investigation Board) is a separate violation.

This line of jurisprudence follows a policy of "punishing not just the gamblers, but every link in the system" in the fight against illegal gambling.

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11. Recommendations: Adaptation and Prevention Strategy

1. Compliance Program for Clubs:
   Betting platforms must undergo BTK license checks before sponsorship and advertising agreements are signed.

2. Athlete Training:
   Contracts should include a clause stating "participation in illegal betting is prohibited."

3. Agent Control:
   Agents other than FIFA-licensed agents should not work with the club.

4. Financial Transparency:
   Clubs must disclose betting-related payment and cryptocurrency transfers in audit reports.

5. MASAK Compliance Officer:
   It should be made mandatory for major clubs to have a compliance officer.

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12. Conclusion

Illegal betting crimes pose a threat to sports not only economically, but also morally and legally . Law No. 7258 brings together financial, criminal, and administrative measures to eliminate this threat.

However, the real fight preventive legal practices and sectoral transparency .
Athletes, managers, and clubs should act responsibly within their respective areas of responsibility; this should be supported by cooperation between the public prosecutor's office, MASAK (Financial Crimes Investigation Board), and the federations.

The purpose of the law is not to punish, but to protect fair competition.
When this understanding prevails, illegal betting will not only cease to be a crime, but will also become a deviation rejected by sports culture.