Facts
This case involved two appeals against a judgment of the High Court of the Canton of Aargau. The appellant 1 ([A.] ) was partially acquitted of the charge of violating the Gambling Act, but also partially convicted. The appellant 2 (Swiss Federal Gaming Board ESBK) appealed against the acquittal and the sentencing.
[A.] was accused of having operated gambling games without the necessary concession between February 6, 2016 and June 2, 2016, by making various gambling machines accessible to third parties in his premises "[B.] ". The Swiss Federal Gaming Board (ESBK) had initially punished [A.] for this with a criminal penalty order.
However, the District Court of Aarau acquitted [A.] . On appeal by the ESBK, the High Court of the Canton of Aargau found that [A.] had organized and operated the game "Super Fruits 1000" within the meaning of Art. 56 para. 1 lit. a of the Gambling Act (SBG). For this offense, it sentenced him to a fine of CHF 500.--. However, with regard to 25 other games, it acquitted him, as these had not been classified as gambling games by a final and binding decision of the ESBK.
Considerations
The Federal Supreme Court upheld the conviction for the game "Super Fruits 1000", as this had been classified as a gambling game by a decision of the ESBK. However, for the 25 other games, the Federal Supreme Court denied criminal liability, as they had not been classified as gambling games by a final and binding decision…