Juridical Tribune (Oct 2018)
The impact of monopolization of the gambling sector in the Republic of Moldova on criminal liability for manipulation of an event and arranged bets
Abstract
This paper analyzes the impact of monopolization of the gambling sector in the Republic of Moldova on criminal liability for manipulation of an event and the arranged bets. In this respect, the author made use of the regulatory framework, doctrinal approaches, as well as the judicial practice in this field. In the light of the jurisprudence of the Court of Justice of the European Union, it was concluded that monopoly in the field of gambling could be justified only if the goal to combat the dangers of gambling is pursued in a coherent and systematic manner. Moreover, it has been stated that the Parliament of the Republic of Moldova hurried to decide on the establishment of the state monopoly on the gambling sector, there being no large public debate in respect of this issue. On the other hand, it was shown that the state cannot appear as a victim of the arranged bets offence, even though in the Republic of Moldova the activity of organizing and conducting betting is the monopoly of the state. It has also been concluded that there is no objective and reasonable argument to prohibit bets on events that have no sporting nature in the Republic of Moldova. Furthermore, legislative inconsistencies in this field have been highlighted and solutions have been proposed.
