Legal consequences of addiction (e.g. theft, debts)
1. Criminal liability
1. Theft and misappropriation of other people's property
Article 158 of the Criminal Code (theft) and 160 of the Criminal Code (misappropriation).
Prosecution for embezzlement of funds (for example, withdrawing money from someone else's card) - a fine of up to 120,000 ₴ or imprisonment of up to 3 years.
2. Fraud
Article 190 of the Criminal Code: deception or abuse of trust to obtain money for bets.
The punishment is a fine of up to 200,000 ₴ or imprisonment of up to 5 years.
3. Abuse of authority and official crimes
In the case when the dependent uses official access (cash desk, accounting) - articles 364-365 of the Criminal Code, up to 7 years in prison.
2. Civil liability
1. Debt repayment and unjust enrichment
Creditor's claim for recovery of outstanding loans.
Article 1102 of the Civil Code - the obligation to return the received without legal grounds (for example, a loan from a friend who spent on bets).
2. Enforcement proceedings
A court order or a notarized receipt paves the way for the seizure of accounts, salaries, property.
3. Claims for damages
If the dependent damaged someone else's property during theft - a civil claim for compensation (Article 1064 of the Civil Code).
3. Bankruptcy of an individual
1. Threshold for application
The total amount of debts exceeds 100,000 ₴, and the delay is more than 3 months.
2. Bankruptcy proceedings
Filing with the commercial court, appointing an arbitration manager, selling non-core property and writing off the balance of debts.
3. Consequences
Inclusion in the register of bankrupts, limited access to new loans for 3 years, but a chance of a "clean slate" and writing off part of the obligations.
4. Family law aspects
1. Division of property
The common property of the spouses can be withdrawn to pay off debts - Art. 60 SC.
2. Maintenance obligations
Non-payment of alimony due to spending funds on rates leads to criminal liability under Art. 164 of the Criminal Code (imprisonment up to 1 year).
5. Protection and mitigating circumstances
1. Voluntary damages
The return of funds to creditors and victims has a mitigating circumstance when sentencing.
2. Guilty plea and cooperation
A plea of guilt, active assistance to the investigation can reduce the degree of responsibility.
3. Psychiatric and psychological expertise
Proves the existence of dependence as a mitigating factor in the consideration of a criminal case.
6. Prevention of legal risks
Financial supervision: transfer of cards and passwords to a trustee, setting daily limits.
Self-locking and blocking: legal application for exclusion from the register of players, bank filters.
Legal advice: timely access to a lawyer at the first sign of problems with finances or the threat of criminal prosecution.
A full understanding of the legal consequences of ludomania helps to take action on time: from transferring control of finances to contacting a lawyer. This is not fear, but an important step towards protecting yourself, your loved ones and the future from serious legal risks.
1. Theft and misappropriation of other people's property
Article 158 of the Criminal Code (theft) and 160 of the Criminal Code (misappropriation).
Prosecution for embezzlement of funds (for example, withdrawing money from someone else's card) - a fine of up to 120,000 ₴ or imprisonment of up to 3 years.
2. Fraud
Article 190 of the Criminal Code: deception or abuse of trust to obtain money for bets.
The punishment is a fine of up to 200,000 ₴ or imprisonment of up to 5 years.
3. Abuse of authority and official crimes
In the case when the dependent uses official access (cash desk, accounting) - articles 364-365 of the Criminal Code, up to 7 years in prison.
2. Civil liability
1. Debt repayment and unjust enrichment
Creditor's claim for recovery of outstanding loans.
Article 1102 of the Civil Code - the obligation to return the received without legal grounds (for example, a loan from a friend who spent on bets).
2. Enforcement proceedings
A court order or a notarized receipt paves the way for the seizure of accounts, salaries, property.
3. Claims for damages
If the dependent damaged someone else's property during theft - a civil claim for compensation (Article 1064 of the Civil Code).
3. Bankruptcy of an individual
1. Threshold for application
The total amount of debts exceeds 100,000 ₴, and the delay is more than 3 months.
2. Bankruptcy proceedings
Filing with the commercial court, appointing an arbitration manager, selling non-core property and writing off the balance of debts.
3. Consequences
Inclusion in the register of bankrupts, limited access to new loans for 3 years, but a chance of a "clean slate" and writing off part of the obligations.
4. Family law aspects
1. Division of property
The common property of the spouses can be withdrawn to pay off debts - Art. 60 SC.
2. Maintenance obligations
Non-payment of alimony due to spending funds on rates leads to criminal liability under Art. 164 of the Criminal Code (imprisonment up to 1 year).
5. Protection and mitigating circumstances
1. Voluntary damages
The return of funds to creditors and victims has a mitigating circumstance when sentencing.
2. Guilty plea and cooperation
A plea of guilt, active assistance to the investigation can reduce the degree of responsibility.
3. Psychiatric and psychological expertise
Proves the existence of dependence as a mitigating factor in the consideration of a criminal case.
6. Prevention of legal risks
Financial supervision: transfer of cards and passwords to a trustee, setting daily limits.
Self-locking and blocking: legal application for exclusion from the register of players, bank filters.
Legal advice: timely access to a lawyer at the first sign of problems with finances or the threat of criminal prosecution.
A full understanding of the legal consequences of ludomania helps to take action on time: from transferring control of finances to contacting a lawyer. This is not fear, but an important step towards protecting yourself, your loved ones and the future from serious legal risks.
