Charakter prawny kar pieniężnych z ustawy o grach hazardowych
Legal Nature of Financial Penalties Based on the Polish Gambling Act

Summary/Abstract: This paper is an analysis of regulations regarding the institution of finan-cial penalties based on the Gambling Act. However, a part of theoretical considerationshas a wider context and can be generally referred to as the concept of an administrativefinancial penalty. The basic research question asked by the author regards the natureof the administrative penalty specified in the Gambling Act. This analysis presentstwo viewpoints on this matter. The first one indicates that the Gambling Act defineswho and for which deed is subject to a financial penalty and provides the amounts ofsuch penalties, which might draw some similarity to a criminal and material idea ofsanctioning norms. Sanctions from financial regulations can be imposed for deeds,including an illegal arrangement of gambling games, participating in such games andarranging machine games outside places where such games can be organized, i.e.outside casinos. Such behaviours strictly fit the presented characteristics of prohibitedacts specified in the Fiscal Penal Code. The second viewpoint shows that mentionedpenalties are a type of punishment, but they stay in the area of administrative norms.A financial penalty refers to the property of an entity that violates administrative andlegal obligations. In other words, the entity violating administrative and legal obliga-tions does not impact any specific ethical or moral goods (as it happens in case ofviolating criminal law) but hinders the fulfilment of public administration tasks. Withsome reservations, the author of this paper generally supports the second presentedviewpoint, noting the fact that the administrative financial penalty is one of the types ofadministrative sanctions and, in every situation, should be analysed from the perspec-tive of norms and the construction of administrative and not criminal law

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