Comparative Approach To the Crime of Providing Venues and Facilities for Gambling (TPC Art. 228)

Abstract

Gambling is not only a legal issue but also has sociological, psychological, and economic dimensions. The legislator has regarded gambling as a matter of public morality and regulated the crime of providing a place and opportunity for gambling alongside offenses such as indecent acts, obscenity, prostitution, and begging under the category of "Crimes Against Public Morals." Considering the place where the offence is regulated, it should be said that the legal interest protected by this offence is 'public morality'. Under Turkish law, gambling itself is not considered a crime; however, providinga place for gambling is criminalized. In this framework, gambling will not make the society 'immoral' and that the protection of public order or society can only be ensured if these acts are allowed in a controlled manner. Additionally, recognizing the harm gambling causes to public order, the legislator has classified it as a misdemeanor under Article 34 ofthe Misdemeanor Law No 5326. Furthermore, it is importantto highlightthat Law No 7258 on the Organization of Betting and Games of Chance in Football and Other Sports Competitions, Law No 6132 on Horse Races, and Law No 1072 on Roulette, Pinball, Foosball, and Similar Gaming Devices and Machines are also in force. In relation to Article 228 of the Turkish Penal Code, these regulations present significant challenges, particularly regarding the aggregation of offenses.