Lottery Events: Distinction between Federally Prohibited Lottery and Cantonal Regulated Tombola

Facts

The case concerns lottery events that X. conducted on April 22, 2006, May 7, 2006, and May 27, 2006 in a hotel under the name "X.'s Super Lotto". The Public Prosecutor's Office of the Canton of Thurgau brought charges against X. for multiple violations of the Federal Act on Lotteries and Commercial Betting (LG).

The District Court Commission of Bischofszell subsequently convicted X. of violations of the LG and imposed a fine. However, the High Court of the Canton of Thurgau acquitted X. on appeal, as it classified the events as federally permissible tombolas within the meaning of Art. 2 LG. The Public Prosecutor's Office then filed a criminal complaint with the Federal Supreme Court.

Considerations

The Federal Supreme Court confirms and refines its previous case law on the distinction between lotteries, which are generally prohibited under Art. 1 LG, and tombolas, which may be regulated at the cantonal level under Art. 2 LG.

The decisive factors are the purpose of the event and the identity of the organizer. Federally permissible tombolas within the meaning of Art. 2 LG are events organized by an association or a comparable organization as an entertainment event of the association or as part of such an event, in order to raise funds for the financing of the association's purpose.…