Legislation

Chile – Public Ministry dismisses two year old complaints against online operators

By James - 6 November 2023

Chile’s Public Ministry has decided to dismiss the criminal complaints filed by land based casinos and the lottery (Polla Chilena de Beneficencia) against online betting houses. The complaint dates back more than two years.

According to Chilean media, the Public Ministry will officially report its decision to “not persevere” in this investigation in March 2024 due to a lack of evidence.

Lawyer for the online betting platforms Betano, Betsson, BetWarrior, Coolbet and Latamwin, Carlos Baeza, welcomed the news saying that the Public Ministry was the only authority empowered by law to determine the criteria for criminal prosecution for the whole country.

“This marks a significant milestone for the operation of online betting platforms in the country, confirming our legality from a criminal point of view, something that has already been supported in several legal reports,” he said.

Baeza stated that “after an investigation of almost two years, with more than 1,600 pages of detailed information on companies, names of representatives, addresses and owners of online betting platforms duly identified in the investigative folder, the Public Ministry has determined that the requirements to justify the accusation of a criminal offense are not met, which has led to the decision to archive the records. This shows that our operation today does not constitute any illegal activity.”

Baeza went on to say that “the decision of the Public Ministry provides peace of mind to all those who are linked to online betting platforms, because it sets a precedent with respect to the rest of other authorities that, without having any power, have questioned and threatened users of committing a crime, as well as those who advertise or promote them. Online betting is not prohibited in our legislation and this decision confirms it from a criminal point of view.

“This decision should motivate other authorities who, without any legal authority, have classified online betting as a crime, to rectify their opinions and statements and fall within the scope of their own powers. This after the constant and unfounded threats, not only from the spokespersons of the casino companies and La Polla, but from government authorities; both the users of the platforms and the people related to this industry, accusing them of committing a crime and acting contrary to the law.”