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ISSUES OF SENTENCING FOR THE PETTY GAMBLING AND GAMES
BASED ON RISK
Beristenov Samat Orazbaevich
Head of the Organization Department of the Ministry
of Internal Affairs of the Republic of Karakalpakstan,
E-mail: beristenov.samat@mail.ru
https://doi.org/10.5281/zenodo.12741372
Abstract:
The scientific article deals with the problems of criminal liability
for involving the minors in to illegal gambling industry. The differential
approach is used depending on the role of the juvenile: as a crime participant or
as a member of gambling. Based on a critical assessment of the available
investigations on this problem different recommendations on improving
criminal legal tools to combat the organization and conduct of gambling are
worked out.
Keywords
: organization of gambling, minors players, gambling addiction.
When deciding the types of punishments and measures for the crimes of
illegal organization and conduct of gambling and risk-based games, the courts
must take into account the situation that has arisen in the activities of the bodies
that carry out rapid search, inquiry and preliminary investigation activities.
In the context of a prolonged economic crisis, the draconian punishments
for making too much profit from gambling will not have the expected effect.
However, it is also counterintuitive to give light punishment to persons who
organized, conducted and played gambling. Therefore, there is a need for
punishments that are procedurally secured (implying substantial fines and
actual serving of imprisonment) that are neither overly harsh nor lenient. It
allows the subject to weigh his behavior, compare what he has to gain by
committing the crime and what he will lose if he is prosecuted, and think about
it.
There are also some problems in the application of the institution of early
parole and commutation of the sentence (Articles 73 and 74 of the Uzbekistan
Criminal Code[1]). In particular, it is necessary to improve the list of crimes for
which it is required to determine the part of the sentence that must be served.
In recent years, there has been much talk of expanding the scope of sincere
repentance. The institution of sincere remorse is of great importance in terms of
activating the work of solving the crimes of illegal organization and conduct of
gambling and risk-based games. The importance of the institution of sincere
remorse is especially great in determining the above-mentioned cases in the
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authorities, where it is difficult to identify cases of gambling and collect evidence
on them. This institute performs a number of socially useful tasks. First of all, a
person who sincerely repents will prevent the harmful consequences of the
committed crime or compensate for the damage caused and restore the affected
social relations.
According to some researchers, sincere remorse helps identify and solve
gambling and other crimes, investigate them more quickly and thoroughly, and
saves a lot of effort and money. The warning significance of this institution is
that it provides an opportunity to prevent the commission of other crimes, to
find the participants of the crime, to identify and eliminate the circumstances
that led to the commission of the crime[2].
Studying the practice of using the institution of sincere remorse in the
fight against the crimes of illegal organization and conduct of gambling and risk-
based games allows us to conclude that this institution is correctly included in
the criminal law as one of the grounds close to the exemption from criminal
liability. Already, the active use of the above-mentioned institution in law
enforcement practice, among other things, allowed law enforcement agencies to
identify cases of organizing a number of gambling games and prosecute them.
When we talk about the problems of the crime of illegal organization and
conduct of gambling and risk-based games, it is worth noting that the most
problematic issue in this area is related to ensuring the effectiveness of
punishment measures applied to these crimes. For example, as we mentioned
above, the inconsistency of the amount of the fine as a punishment for these
crimes to the committed crime (the illegal income obtained by the offender as a
result of the crime) remains a serious problem. This, in turn, has a negative
impact on the stability and effectiveness of the practice of combating these
crimes.
We know that gambling and games of chance attract the attention of many
segments of the population, including law enforcement agencies, activists, and
the media, and measures aimed at combating them will be intensified. In the
same process, the concept of "petty" gambling, which is committed every day
and amounts to a small amount, is formed, in contrast to the illegal organization
and conduct of gambling and risk-based games.
"Petty " is committed in gambling, educational institutions, enterprises
and institutions, offices, and helps individuals to bypass the requirements
established by law. Gradually, this crime turns into more dangerous forms of the
crime of illegal organization and conduct of high-level large-scale gambling and
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risk-based games. This type of gambling shows that the habit of playing in online
casinos and totalizers exists in the country at all levels. There is no clear line
between where "petty" gambling ends and where big gambling begins.
Focusing on the crime of illegal organization and conduct of large-scale
gambling and gambling may reduce the fight against "petty" gamblers. This
situation encourages us to correctly assess the impact of "small" gambling.
In order for us to properly assess the impact of small gambling, it is
appropriate to consider its characteristics:
First, "petty" gambling is small and does not have a significant economic
impact on many people's lives. If we imagine, demanding punishment for
national traditions and udums in the people like cockfighting, ramfighting, and
kopkari is a problem in itself. The reason is that as a result of this type of
gambling and risk-based games, citizens often do not suffer serious losses,
people do not need to apply for financial assistance, and the occurrence of
various psychological diseases and stress is not recorded.
Second, "petty" gambling tends to be regressive, exacerbating economic
inequality by draining resources from low-income families. This is because the
rates set for "small" gambling are likely to be too high for low-income families.
These "rates" limit the access of low-income families to necessary medical and
educational services.
Thirdly, "petty" gambling is a type of game and domestic pastime that
citizens encounter in their daily lives. It occurs mainly in neighborhoods and
houses, even at market stalls, in front of law enforcement officers, and reduces
citizens' trust in state law enforcement agencies.
Fourthly, the spread of "petty" gambling may in the future lead to crimes
of illegal organization and conduct of large-scale gambling and risk-based
games. That is, gambling is organized in a certain place, and there is a chain of
officials who receive a bribe and give a part of it to a high-ranking official.
Although "petty" gambling is not considered as serious a problem as the
illegal organization and operation of large-scale gambling and gambling, it has a
negative impact on the daily life of ordinary people and society as a whole. As a
result, people's well-being is harmed, inequality increases, public institutions
weaken, and corruption is fueled.
In addition, in this regard, it is necessary to look critically at the activities
of local self-government institutions. For example, a picture of the head of the
finance department of Uchkoprik district of Fergana region and the district
governor's assistant playing cards and betting money was spread on social
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networks. In what appears to be an official office, a group of people can be seen
sitting under blankets and playing cards while betting.
Gambling by a civil servant, especially when he performs this "work" in
the service office, also means a gross violation of morals and disciplinary norms.
In particular, according to the "Model Rules of Ethics of State Civil
Servants" approved by the Resolution of the Cabinet of Ministers of the Republic
of Uzbekistan No. 595 dated October 14, 2022[3], civil servants must perform
their duties conscientiously, honestly and at a high professional level during
their service activities, avoid formalities, forgery and it is necessary not to allow
abuse, to fight with zero tolerance against any violations of the law, especially
cases of corruption.
This document stipulates that civil servants must adhere to generally
accepted moral standards during their free time and refrain from behavior and
actions that are contrary to them.
Violation of the Code of Conduct by a civil servant is the basis for bringing
them to disciplinary and other liability in accordance with the law.
On the other hand, according to Article 191 of the Code of Administrative
Responsibility[4], illegal participation in gambling and other games based on
risk, confiscating the items of these games, as well as the money, items and other
valuable items bet on the game and winnings in the game, 3 times the amount of
the basic calculated amount will result in the imposition of a fine in the amount
of 1 million (990 thousand soums) to 5 times basic calculated amount (1 million
650 thousand soums).
If the same violation is repeated within a year after the application of the
administrative penalty, the money, equipment and other valuables bet on the
game will be confiscated, and a fine of up to 10 basic calculated amount
established at the time of the commission of the administrative offense (3
million 300 thousand soums) will be applied.
In this case, the act should be studied in two parts. First of all, it should be
determined where the public servants gambled, and if it is confirmed that this
happened in the service room, the administration (in the form of the employer)
should consider the issue of disciplinary punishment. According to the official
explanation, the actions of civil servants were discussed at the meeting of the
ethics commission in the presence of the governor.
Disciplinary punishment will not be enough. The photo spread in the mass
media should be registered as a crime report (in the Form-1 book) in the
internal affairs office, and investigations should be carried out before the
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investigation. If the case is confirmed, the case should be formalized in the
administrative procedure and brought to the district court for criminal cases
based on the requirements of Article 245 of the Criminal Code.
It is up to the court to decide what kind of punishment to apply.
Workplace gambling is common. In most cases, officials who gambled
were released from their positions when the case was confirmed. For example,
in November 2022, a video of the director of the 52nd general education school
in Nurota district of Navoi region and his deputy for educational affairs playing
cards in the school guardroom was spread on social networks. After the
situation was confirmed, the school director and his deputy were fired.
In another case, Ahror Arslanov, the chairman of Kazakh Naiman
neighborhood in Pas Dargom district, was dismissed from his post after pictures
of him playing gambling were spread on the Internet[5].
In order to combat petty gambling, the following is proposed:
• In order to strengthen the fight against all forms of the crime of illegal
organization and conduct of gambling and risk-based games, to exclude from the
Code of Administrative Responsibility the administrative offense of attracting a
minor to participate in gambling and other risk-based games, and to establish
criminal liability for this type of offense. must
• Amendments and additions related to the introduction of the concept of
"public servants" to the provision of the crime of illegal organization and
conduct of gambling and risk-based games provided for in Article 278 of the
Criminal Code, that is, the social danger of gambling, the amount of profit
(money) received or otherwise delivered It is appropriate to determine
alternative punishments depending on the damage.
• Imprisonment should be defined as a type of criminal punishment for
committing crimes related to the illegal organization and conduct of gambling
and risk-based games. Since this type of punishment is aimed at educating
criminals and increasing their responsibility, it is appropriate to include it in the
sanction of this crime.
References:
1.
Criminal
Code
of
the
Republic
of
Uzbekistan
//
https://lex.uz/docs/111457
2.
Забарчук Е.Л. Некоторые вопросы правового обеспечения борьбы с
преступностьью. Вестник МГУ. Сер. “Право”. – М., 1993. – С. 34.
3.
Resolution Cabinet of Ministers of the Republic of Uzbekistan No. 595
dated October 14, 2022 “On additional measures to ensure compliance with
ethical rules by state civil servants” // https://lex.uz/docs/6236840
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4.
Code of the Republic of Uzbekistan on Administrative Responsibility //
https://lex.uz/docs/97661
5.
https://kun.uz/kr/news/2023/10/25/intizomiydan-jinoiygacha-qimor-
oynaganlik-uchun-qanday-jazo-bor
