1. Crimes and Administrative Sanctions Under Article 5 of Law No. 7258

Article 5 of Law No. 7258 on the Regulation of Betting and Games of Chance in Football and Other Sports Competitions subjects betting and games of chance activities carried out without the authority granted by law to criminal and administrative sanctions. According to the first paragraph of the Article:

(a) Subparagraph: Those who operate fixed-odds and pari-mutuel betting or games of chance based on sports competitions, or those who provide a place or opportunity for them to be played, shall be punished with imprisonment from three to five years and a judicial fine of up to ten thousand days.

(b) Clause: Those who enable the playing of such games, operated abroad, from Turkey via the internet or other means, shall be punished with imprisonment for four to six years.

(c) Clause: Those who mediate money transfers related to betting or games of chance shall be punished with imprisonment for three to five years and a judicial fine of up to five thousand days.

(ç) Clause: Those who entice individuals to play these games by advertising or other means shall be punished with imprisonment for one to three years and a judicial fine of up to three thousand days.

(d) Clause: For those who play these games, an administrative fine ranging from five thousand to twenty thousand Turkish Liras shall be imposed by the highest local administrative authority.

Court decisions emphasize that the first four clauses are criminal in nature, while clause (d) stipulates an administrative fine (Disputes Court-2018/585K). Additionally, it has been stipulated that workplaces where these offenses are committed shall be sealed and closed for three months by the highest local administrative authority, and their licenses shall be revoked (Council of State 4th Chamber-2025/545K).

2. Difference Between Clauses (a) and (b) and the Nature of the Offense

In Supreme Court decisions, the fundamental distinction between clauses (a) and (b) is the location of the center of the betting organization or the internet site to which access is provided.

Distinguishing Feature: In determining under which clause the crime falls, the location where the competitions are held is not taken into account, but rather the location of the internet site or organization accessed for betting purposes is (Court of Cassation 19th CD-2020/4413K).

Qualified Circumstance: Clause (b) considers the act of enabling bets organized abroad to be played domestically as a qualified circumstance requiring a heavier penalty than clause (a) (Court of Cassation 7th CD-2021/15525K).

Burden of Proof: For an act to be evaluated under clause (b), it is not sufficient for the competitions alone to originate from abroad; it must be determined with technical data (BTK investigation, expert report, etc.) that the accessed sites originate from abroad. In cases where this determination cannot be made, a judgment should be rendered in favor of the defendant according to clause (a) (Court of Cassation 7th CD-2021/19252, 2023/5332K; RDC Adana-2018/1254k).

3. Reason for Legality and Jurisdiction

The authority to organize betting and games of chance under Law No. 7258 exclusively belongs to the Spor Toto Organization Presidency. Individuals authorized in this regard by law benefit from the legal justification of “exercise of right” under Article 26/1 of Turkish Penal Code No. 5237, and their actions do not constitute a crime. The Constitutional Court has stated that the imprisonment penalty in subparagraph (b) is proportionate and in accordance with the constitution, aiming to protect the financial interests of the state and deter illegal activities (AYM-2016/51K).

4. Trial and Procedural Principles

Expert Examination: Imposing a penalty under subparagraph (b) solely on the basis that competitions were held abroad, without conducting an expert examination on computer logs and digital materials, constitutes a ground for reversal (Court of Cassation 7th CD-2022/6829

Principle of Single Act: Separate penalties cannot be imposed for the same act under both Law No. 7258 and Article 228 of the Turkish Penal Code (providing a place and means for gambling); an act that is single in legal terms cannot be divided (Court of Cassation 8th CD-2022/6090K

Competent Jurisdiction for Administrative Sanctions: The closure of a workplace is an administrative sanction, and the provisions of the Misdemeanor Law are taken into account when determining the competent court in lawsuits filed against such actions (Council of State 2nd Chamber-2021/4720K).

5. Secondary Sources and Additional Context

The following points have been compiled from secondary sources due to limited information in the decision texts:

RTÜK Decisions: Broadcasting organizations placing advertisements for illegal betting sites during sports competitions is considered an activity that “incites gambling” under Law No. 6112, and is subject to administrative fines and removal of the program from the catalog. These decisions emphasize that the Spor Toto Organization Presidency is the sole authorized institution and that the advertised sites are illegal (RTÜK-2023/28, 2023/13, 2023/5).

Formation of the Offense: Merely accessing foreign-linked betting sites is not sufficient for the offense to be constituted; the person must provide others with the opportunity to play these games (providing a location, creating coupons, etc.) (Court of Cassation 19th CD-2015/4861, 2016/4701).

Right to Intervene: Regarding whether the Spor Toto Organization Presidency is directly harmed by these offenses and its right to intervene in lawsuits, there are differing opinions (majority opinion and dissenting votes) in judicial decisions (Court of Cassation 19th CD-2015/6432).

Competent Court: It has been stated that the Criminal Courts of First Instance are competent in offenses falling under Article 5/c of Law No. 7258, considering the upper limit of the imprisonment penalty (Court of Cassation 8th CD-2017/16584).

Objection to Administrative Closure: In objections to workplace closure procedures, it is deemed that the Criminal Judgeships of Peace are competent in cases where there is no specific provision in Law No. 7258 (Council of State 10th Chamber-2023/6142; Council of State 2nd Chamber-2021/18291).

Yasa dışı bahis oynamak suç mudur?

Evet, yasa dışı bahis oynamak suçtur. Ancak bu fiil, organizasyonu kuranlara göre daha hafif yaptırımlara tabidir. 7258 sayılı Kanun kapsamında, bahis oynayan kişiler hakkında idari para cezası uygulanır. Bu ceza genellikle 5.000 TL ile 20.000 TL arasında değişmektedir.

Yasa dışı bahis oynatmanın cezası nedir?

Yasa dışı bahis oynatan, oynanmasına aracılık eden veya yer sağlayan kişiler hakkında 3 yıldan 6 yıla kadar hapis cezası ve yüksek miktarda adli para cezası öngörülmektedir. Özellikle yurt dışı bağlantılı bahis sistemlerine erişim sağlanması halinde cezalar daha ağır uygulanır.

Yasa dışı bahis sitesine girmek suç oluşturur mu?

Sadece yasa dışı bahis sitesine girmek tek başına suç oluşturmaz. Ancak bu faaliyet kapsamında başkalarına oynama imkânı sağlamak, para transferine aracılık etmek veya teşvik etmek gibi eylemler suç teşkil eder ve ciddi cezai yaptırımlara neden olur.

Why is Expert Lawyer Support Necessary?

Illegal betting offenses, although seemingly simple at first glance, actually have a technical and complex structure that collectively concerns the fields of criminal law, IT law, and financial crimes. Especially in offenses covered by Law No. 7258;

Under which sub-paragraph the offense will be evaluated (a or b?)

Technical proof of domestic – international connection

Analysis of digital evidence (IP records, bank transactions, BTK data)

Prevention of double punishment in accordance with the principle of a single act

Distinction between administrative monetary fine and criminal liability

Critical points such as these directly affect the outcome of the case. An incorrect legal assessment can lead to a person receiving a harsher penalty than necessary or suffering a loss of rights.

For this reason, working with an experienced criminal lawyer from the beginning of the process is of great importance. Especially for those seeking professional support regarding illegal betting offenses in Istanbul, Tuzla, and its vicinity, 2M Hukuk Avukatlık Bürosu, which meticulously manages the process and creates a strategic defense framework, provides effective legal support during both the investigation and prosecution phases.

It should not be forgotten that a proper defense in illegal betting offenses is not only about reducing the penalty but often also about enabling acquittal or the application of lighter sanctions by ensuring the correct classification of the offense.