Poker, are our games legal?

Poker, are our games legal?

"My friends and I like to organise small poker games. We sometimes invite people we know to take part in our games, but some of us say that this is against the law. Is that true?"

Philippe

The aim of the Federal Act on Gambling and Casinos, which came into force on 1 April 2000, is to ensure the safe and transparent operation of gaming, to prevent the socially damaging consequences of gambling and to prevent crime in casinos. Accordingly, only licensed gaming establishments may offer games of chance, which are defined as games offering the chance, in return for a stake, to win money that depends solely or essentially on chance.

In a ruling handed down on 20 May 2010 that caused quite a stir among poker enthusiasts, the Swiss Federal Supreme Court ruled that all poker variants played for stakes and winnings are illegal games of chance within the meaning of the Gaming Act. The organisation or operation of such poker games and tournaments outside gaming venues is therefore prohibited. Only games played with family or friends are legal.

The Federal Gaming Board assesses each individual case on the basis of a restrictive interpretation of the Supreme Court's considerations: it declares punishable offers of gambling intended for communities of interest that have come together in private associations or clubs, associations with membership cards, and other similar groupings. The fact that a game of chance takes place in a place that is not accessible to the general public does not mean that it is organised among family or friends, simply because it is not open to the public. It is therefore important to refrain from any form of advertising to attract new players, particularly by organising tournaments.

In the private sphere, gambling and betting are still subject to some interesting legal provisions in the Code of Obligations. Under articles 513 and 514 of the Swiss Code of Obligations, gambling and betting do not give rise to any claims, so an acknowledgement of debt arising from a game or bet cannot be used to bring legal proceedings. The law is therefore not intended to protect gambling debts and does not provide beneficiaries with any means of encouraging their collection. This means that only a purely voluntary payment by the debtor can be taken into account, and even then: if the gambling or betting was not regular due to the behaviour of the other party, or even fortuitously, the person who has voluntarily paid such a debt can demand repayment.