Illegal Betting Offences and Penalties (Law No. 7258): Operating, Playing, Transferring Money and the Effect on Civil Service Employment

Illegal betting and games of chance constitute a serious social problem that not only causes individual harm but also threatens public order, economic balance and the principle of integrity in sport. Betting and games of chance based on sports competitions in particular have made criminal-law intervention necessary, because they appeal to broad audiences and can easily be organised in the digital environment.

The principal legislation in this field in Turkish law is Law No. 7258 on Betting and Games of Chance in Football and Other Sports. Article 5(1)(a) of that Law regulates, as an independent offence, operating betting or games of chance based on sports competitions without the authorisation conferred by law, or providing a place or the means for them to be played. According to Article 5(1) of Law No. 7258:

"a) Persons who operate fixed-odds and pari-mutuel betting or games of chance based on sports competitions, or who provide a place or the means for them to be played, shall be punished by imprisonment from three to five years and a judicial fine of up to ten thousand days.

b) Persons who, by providing access via the internet or by other means, enable fixed-odds or pari-mutuel betting or games of chance based on sports competitions that are operated abroad to be played from Türkiye shall be punished by imprisonment from four to six years.

c) Persons who act as intermediaries in the transfer of money in connection with fixed-odds or pari-mutuel betting or games of chance based on sports competitions shall be punished by imprisonment from three to five years and a judicial fine of up to five thousand days.

ç) Persons who, by advertising or by other means, incite others to play fixed-odds or pari-mutuel betting or games of chance based on sports competitions shall be punished by imprisonment from one to three years and a judicial fine of up to three thousand days.

d) Persons who play fixed-odds or pari-mutuel betting or games of chance based on sports competitions shall be punished by the highest-ranking civil administrative authority of the locality with an administrative fine of TRY 5,000 to TRY 20,000."

This article examines, in question-and-answer format, the offence types regulated under Law No. 7258 with reference to their material elements, the types of betting, the authorisation element, the concept of a sports competition, the cross-border requirement and the problems most frequently encountered in practice.

What Is the Legal Basis of the Offence and the Legal Interest Protected?

The first paragraph of Article 5 of Law No. 7258 regulates as separate offences unauthorised operation and providing a place/means in sub-paragraph (a), providing access from Türkiye to betting abroad in sub-paragraph (b), acting as an intermediary in betting-related money transfers in sub-paragraph (c), and advertising and incitement in sub-paragraph (ç); sub-paragraph (b) provides only for imprisonment, while the others provide for imprisonment and a judicial fine. For persons who play illegal betting games, on the other hand, an administrative fine is provided for.

The principal legal interests protected by this offence are the following:

• Public order,
• The integrity and reliability of sport,
• The State's monopoly and supervisory authority over betting and games of chance,
• The economic order and tax revenues.

What Are the Material Elements of the Offence?

What Is the Subject Matter of the Offence?

The subject matter of the offence is betting or games of chance based on sports competitions. Activities other than sports competitions fall outside the scope of this offence. The decisive element here is that the game operated, or enabled to be played, relates to the outcome or the course of sports matches.

Who Can Be the Perpetrator? What Is the Authorisation Element?

Anyone can commit the offence; the fact that the perpetrator is not authorised by law to operate betting, that is, falls outside the Spor Toto Organisation Presidency or the persons authorised by it, is an element of the offence. In Türkiye, the authority to operate betting and games of chance based on sports competitions belongs, under Law No. 5738, to the Spor Toto Organisation Presidency (Spor Toto Teşkilat Başkanlığı), which is affiliated with the Ministry of Youth and Sports.

Under Article 2 of Law No. 7258, the Spor Toto Organisation Presidency may exercise this authority itself, transfer it in whole or in part to legal persons governed by private law, or procure goods and services. Where persons or entities outside this system operate betting or enable it to be played, unauthorised activity exists and the offence is constituted.

What Does the Element of Being Based on Sports Competitions Mean?

For the offence to be constituted, the betting or game of chance must be based on sports competitions. The concept of a sports competition refers to sports matches organised domestically or abroad by official or private, national or international institutions and organisations. Accordingly, for example, bets operated on football leagues, basketball and volleyball matches or international tournaments constitute the subject matter of the offence. By contrast, bets operated on contests that do not qualify as sports competitions are not assessed within the scope of this offence.

What Are Fixed-Odds Betting and Pari-Mutuel Betting?

What Is Fixed-Odds Betting?

Under the implementing regulation on betting games based on sports competitions, fixed-odds betting is operated by the participant duly marking coupons containing match numbers or match names, from among the sports competitions included in the game programme, in a number equal to the minimum number of bets; after the coupons are processed in the central betting system, the tickets generated in the central betting system are presented to the participant. In fixed-odds betting, the amount of winnings is determined in advance; the prize to be received by the winning bettor is not affected by the number of persons placing bets. The "İddaa" system, widely known in Türkiye, is an example of fixed-odds betting.

What Is Pari-Mutuel Betting?

Under the same regulation, pari-mutuel betting is operated by the participant duly marking coupons containing match numbers or match names in the number determined by the Organisation; after the coupons are processed in the central betting system, the tickets generated in the central betting system are presented to the participant. In pari-mutuel betting, a predetermined percentage of the collected proceeds is distributed as prizes among those who made correct predictions; the amount of winnings varies according to the number of participants and the pool to be distributed. Spor Toto may be cited as an example of pari-mutuel betting.

Both types of betting constitute an offence under Article 5(1)(a) of Law No. 7258 where they are operated, or enabled to be played, without authorisation.

What Is the Penalty for the Offence of Operating Illegal Betting? (Art. 5(1)(a))

Law No. 7258 provides for imprisonment from three to five years and a judicial fine of up to ten thousand days for persons who operate fixed-odds or pari-mutuel betting based on sports competitions or who provide a place or the means for it.

The offence of operating illegal betting is committed either by the perpetrator directly organising the betting or game of chance, or by actually contributing to any stage of the organisational process. For the offence to be constituted, it is not necessary for the perpetrator to obtain any material or non-material benefit; criminal liability arises even if no gain whatsoever has been derived from the betting activity. Furthermore, no concrete harm or result is required; the offence is in the nature of an abstract endangerment offence and may be committed with general intent.

In Türkiye, the authority to operate betting belongs to the Spor Toto Organisation Presidency and to the natural persons and legal persons governed by private law authorised by that Presidency. In practice, the Organisation may grant authorisation by issuing a "fixed dealership" licence for operating betting in a physical setting and, for operating betting on the internet, a "virtual dealership" licence. Outside these licences and permits, operating betting or games of chance without permission in any manner whatsoever is assessed as falling within the scope of the offence.

The acts constituting the subject matter of this offence are examined in two categories:

What Is Operating Betting or Games of Chance?

The perpetrator's actually organising betting or games of chance based on sports competitions, creating coupons, accepting bets or running the system is assessed within this scope. The offence is committed by directly organising the betting activity or by actually contributing to its conduct at any stage. The fact that the perpetrator has made no gain does not prevent the offence from being constituted; it is sufficient for the mental element that the perpetrator carries out the act knowingly and wilfully, aware that it is unlawful.

What Is Providing a Place or the Means for Playing?

This act is committed where the perpetrator, although not personally conducting the betting activity, makes a facilitating contribution to betting by such means as allocating premises, providing a computer, internet or software infrastructure, or acting as an intermediary in opening accounts.

Providing a place refers to supplying a physical location suitable for illegal betting or games of chance to be played, while providing the means refers to offering the technical and organisational infrastructure that makes it possible for such games to be played. Providing the means may occur by supplying technical equipment (coupon printing devices, computer systems, internet access) or by ensuring the uninterrupted conduct of the activity through measures that hinder intervention by law enforcement (police/gendarmerie). In practice, internet café owners, site administrators and intermediaries who supply accounts in particular may incur liability in this context.

The concepts of providing a place and providing the means were defined as follows in the judgment of the Criminal General Assembly of the Court of Cassation numbered E. 2021/28, K. 2022/15 and dated 13.01.2022 concerning Article 228 TPC (gambling). These definitions are applied to Law No. 7258 by analogy; whereas Article 228 TPC requires both a place and the means to be provided together, under Article 5(1)(a) of Law No. 7258 providing a place or the means is sufficient:

"Providing a place is the allocation of the place where gambling is to take place, whereas providing the means comprises acts, other than providing a place, that facilitate gambling... The place provided for gambling need not necessarily be a gambling house. Places such as a house, an association building, a club building, etc. may also be regarded as falling within this scope. Furthermore, the place need not necessarily be provided by its owner... Providing the means, in turn, may be defined as providing an environment suitable for gambling. In this sense, keeping available the equipment necessary for the game intended to be played must also be understood as providing the means... In addition, arranging transport for the persons who are to gamble, protecting the gambling venue against police raids, teaching how the game is played and lending money to players are also characterised as providing the means."

What Is the Penalty for Providing Access to Foreign Betting Sites? (Art. 5(1)(b))

Persons who enable to be played from Türkiye, via the internet or by other methods, fixed-odds betting, pari-mutuel betting or games of chance based on sports competitions that are operated abroad, are sentenced to imprisonment from four to six years. This offence type targets, in particular, the act of enabling participation from Türkiye in betting sites based abroad.

The punishable conduct is enabling persons located in Türkiye to participate in betting or games of chance operated abroad by means of any communication and access tool, the internet in particular. However, the mere fact that the perpetrator, or third persons, access foreign-linked betting sites from premises operated by or in the possession of the perpetrator cannot, on its own, be accepted as conclusive and sufficient evidence that the offence has been committed. In this context, the existence of an active facilitation or organisational activity aimed at providing access must be sought.

How Should the Phrase "Operated Abroad" Be Understood?

There are contradictions in various judicial decisions concerning the application of this provision. For example, in the decision of the Istanbul Regional Court of Appeal, 16th Criminal Chamber, E. 2018/3557, K. 2019/69, dated 10.01.2019, it was stated that Article 5(1)(b) should be applied on the basis that the competitions on which bets were placed were foreign matches.

By contrast, in the decision of the 7th Criminal Chamber of the Court of Cassation dated 28.02.2022, the boundaries of this concept were clearly drawn in line with the intention of the legislature:

"For the offence set out in Article 5(1)(b) of Law No. 7258 to be constituted, it is not sufficient that the leagues and/or competitions appearing on the coupons relating to the betting games operated by the defendant are of foreign origin; it must be established that the sites which are enabled to be played from Türkiye by providing access via the internet or by other means are based abroad... whereas the defendant, at whose workplace coupons were seized and whose operation of betting was also established by his own admission, ought to have been convicted under Article 5(1)(a) of Law No. 7258, he was instead convicted under Article 5(1)(b) of the said Law on the basis of an erroneous assessment and reasoning, resulting in an excessive penalty being imposed on the defendant"

The approach in the decision of the Istanbul Regional Court of Appeal, 15th Criminal Chamber, dated 10.04.2019 — that it is immaterial whether the sports competition on which bets are placed is played abroad or domestically, and that the act falls under Article 5(1)(b) where the website through which betting is operated is based abroad, and under Article 5(1)(a) where it is based domestically — is likewise in line with the Court of Cassation.

In conclusion, persons who enable betting to be played by providing access from Türkiye to illegal betting sites headquartered abroad will bear criminal liability under Article 5(1)(b) of Law No. 7258.

What Is the Penalty for the Offence of Acting as an Intermediary in Transferring Illegal Betting Money? (Art. 5(1)(c))

Under Article 5(1)(c) of Law No. 7258, persons who act as intermediaries in money transfers in connection with illegal betting or games of chance are punished by imprisonment from three to five years and a judicial fine of up to five thousand days. This provision aims to prevent the money movements that form the financial infrastructure of illegal betting.

The act of acting as an intermediary in the transfer of money covers not only the actual and physical carrying of money but also money transfers carried out through banks, electronic payment systems or any kind of financial institution.

It must be emphasised that, for the offence of acting as an intermediary in the transfer of money, it is sufficient that the transfer is connected with betting or games of chance; the transfer of only the income derived from betting is not required. The transfer of asset values unconnected with betting, on the other hand, does not constitute the elements of this offence but may, where the conditions are met, constitute the subject matter of the offence of laundering of assets derived from crime regulated in Article 282 TPC. Accordingly, for the offence to occur, the money movement in which the intermediary acted must be directly connected with illegal betting or game-of-chance activity.

How Is the Date of the Offence Determined in the Money Transfer Offence?

One of the problems encountered in practice is determining the date on which the offence was committed. Persons who commit this offence mostly carry out the transfers not in a single operation but at various times. Where the offence is committed as a successive offence (zincirleme suç), the date of the offence is the date on which the last money transfer was made. Matters such as the statute of limitations, recidivism or the application of the more favourable provision must be assessed according to this date. For a successive offence, the statute of limitations likewise begins, under Article 66(6) TPC, on the day on which the last offence was committed. In its decision numbered E. 2022/1632, K. 2023/832 and dated 18.05.2023, the Adana Regional Court of Appeal, 17th Criminal Chamber, also determined the date of the offence in this way:

"…the date of 28.02.2019, being the date of the last money transfer in which he acted as an intermediary, being accepted as the date of the offence…"

What Is the Penalty for the Offence of Advertising and Inciting Illegal Betting? (Art. 5(1)(ç))

Under Law No. 7258, advertising, or directing persons by any method to play illegal betting, is also regulated as a separate offence type. Persons committing this offence are punished by imprisonment from one to three years and a judicial fine of up to three thousand days. This offence targets in particular promotional and referral activities carried out through digital media.

The offence may be committed through social media posts, websites, mobile applications, messaging platforms, banner advertisements, sharing links, providing referral codes or any act in the nature of indirect promotion. It is not required that the perpetrator directly operates betting; any inciting conduct contributing to the spread of illegal betting activities is sufficient. Nor is it necessary for the perpetrator to obtain a material benefit; the offence is in the nature of an abstract endangerment offence, and neither concrete harm nor actual betting is required. General intent is sufficient.

In particular, with regard to influencers, broadcasters, site administrators or social media account holders, the content and purpose of the posts made are carefully assessed; posts containing covert advertising or referral may also be assessed as falling within the scope of the offence.

Do Betting Advertisements in Match Broadcasts Constitute an Offence?

One example encountered in social life of the act governed by this provision is the appearance of advertisements for certain illegal betting sites on electronic advertising boards at football matches. During the live transmission of sports competitions held abroad through television channels, digital broadcasting platforms or other media organisations broadcasting in Türkiye, the showing to viewers in Türkiye of advertisements, on the advertising boards at the competition venue, belonging to a betting company that, although lawful under the legal orders of other countries, is unauthorised under Turkish law may be assessed, in respect of the persons who knowingly put the advertisement on air, within the scope of the offence of inciting others to play illegal betting.

Such broadcasts are accepted as being in the nature of directing viewers, indirectly or covertly, towards illegal betting activities; the fact that the advertisement is brief within the broadcast flow, fixed, static or does not involve direct targeting is not, on its own, decisive in assessing criminal liability. For this reason, it is accepted that media organisations broadcasting in Türkiye have an obligation, in broadcasting sports competitions originating abroad, of filtering advertising content, taking the necessary technical measures and ensuring that betting advertisements contrary to Turkish legislation are not reflected in the broadcast; and, in our opinion, in the event of a breach of this obligation, the criminal liability of the natural persons who knowingly put the advertisement on air may arise. However, the offence of advertising and incitement can be committed only with intent; a lack of care does not in itself constitute this offence. In respect of the legal personality of the broadcasting organisation, only a security measure may be ordered under Article 5 of Law No. 7258.

What Is the Penalty for Playing Illegal Betting? Is There Imprisonment?

One of the questions the public most often asks is whether playing illegal betting carries a prison sentence. Illegal betting, also referred to in practice as illicit betting, virtual betting or unlicensed (kaçak) betting, denotes betting activities operated or played without a valid licence or authorisation, outside the betting systems permitted and authorised under the legislation.

Under Law No. 7258, the act of "playing illegal betting" is regulated not as an offence but as an administrative misdemeanour (kabahat). For this reason, what applies to persons who place bets is not criminal proceedings but the imposition of an administrative sanction.

An administrative fine differs from a judicial fine in its legal nature. Whereas a judicial fine is a type of sanction imposed in response to an offence and may be converted into imprisonment if unpaid, an administrative fine is imposed for acts that do not constitute an offence and cannot be converted into imprisonment if unpaid. Nevertheless, an unpaid administrative fine may be collected through compulsory enforcement; in other words, it does not remain without sanction — it is merely that the instruments of administrative law come into play instead of criminal law.

Is a Civil Servant Who Plays Illegal Betting Dismissed from the Civil Service?

One of the issues most often raised in practice is whether a public official who plays illegal betting can be dismissed from the civil service. It must first be emphasised that, since playing illegal betting is an administrative misdemeanour, no imprisonment or judicial fine is imposed on the person by a criminal court for this act; only an administrative fine is imposed. In this respect, the act of playing illegal betting:

• Is not entered in the criminal record,
• Does not result in a conviction,
• Does not entail a direct criminal-law sanction.

Accordingly, the mere existence of the act of playing illegal betting is not, under the Civil Servants Law No. 657, a direct ground for dismissal from the civil service. Dismissal from the civil service (ihraç) is the most severe sanction of disciplinary law and may be applied only where acts expressly listed in the law are committed. The act of playing illegal betting is not among the offences of moral turpitude (yüz kızartıcı suçlar), is not considered among the offences that bar civil service employment, and does not require a final conviction.

However, it is necessary to examine whether the special legislation to which civil servants in certain professional groups are subject contains an express provision. For example, for police, gendarmerie and coast guard personnel, item (3) of sub-paragraph (c) of paragraph five of Article 8 of Law No. 7068 on General Law Enforcement Disciplinary Provisions separately regulates playing unauthorised sports betting and provides for the penalty of long-term suspension of twenty months. Under sub-paragraph (n) of paragraph six of the same article, on the other hand, "gambling or operating gambling, or associating with persons who operate gambling" is listed among the acts requiring dismissal from the profession for personnel of the General Directorate of Security (Emniyet Genel Müdürlüğü), the Gendarmerie General Command (Jandarma Genel Komutanlığı) and the Coast Guard Command (Sahil Güvenlik Komutanlığı). Operating betting or associating with those who operate it may be assessed within this scope. In the previous period, paragraph 21 of Article 8 of the Security Organisation Disciplinary Regulation (Emniyet Teşkilatı Disiplin Tüzüğü) likewise provided for the same act to be punished by dismissal from the profession.

Precisely in this context, in a dispute brought before the Council of State (Danıştay) during the period of the Regulation preceding Law No. 7068, a police officer serving on the staff of the Istanbul Security Directorate (İstanbul Emniyet Müdürlüğü) was given the penalty of dismissal from the profession on the ground that he had committed the act of "gambling or operating gambling"; the Istanbul 3rd Administrative Court found the disciplinary penalty lawful and dismissed the action, and the appeal on points of law was also dismissed by the Council of State. However, the important point to be underlined regarding this decision is that one of the charges in the criminal case against the dismissed police officer was providing a place and the means for operating gambling, and that there were also charges such as taking bribes, robbery (yağma) and membership of an organisation established for the purpose of committing offences. Therefore, when examining the decision, taking into account all the charges brought against the plaintiff officer is of the utmost importance for a correct understanding of the matter.

In conclusion, whether playing illegal betting constitutes a ground for dismissal from the civil service will be determined according to whether there are special provisions relating to the professional group to which the civil servant concerned is subject.

What Legal Problems Are Frequently Encountered in Practice?

The problems most frequently encountered in practice are the following:

• "I only visited the site" defence and its validity,
• Providing the means versus operating and the boundary between them,
• The probative value of circumstantial evidence and whether it has been assessed in light of the specific case,
• Whether protective measures have been applied lawfully,
• Proof of lack of authorisation,
• Whether electronic evidence has been obtained in accordance with Article 134 CCP (the Constitutional Court annulled this article by its decision dated 12.02.2026; the annulment will enter into force on 25.02.2027),
• Whether the limits of the rules of interpretation have been exceeded,
• IP, log and traffic records and their assessment.

For this reason, in investigations and prosecutions conducted under Law No. 7258, working with a lawyer specialising in criminal law and information technology law is of vital importance.