Omission of the Prohibited Games Table: Commentary on Judgment No. 23947 of 2023

The recent judgment No. 23947 of March 21, 2023, has sparked significant interest in the realm of public safety and the regulation of public establishments. In particular, the Court addressed the issue of the omitted display of the prohibited games table, a crucial aspect for commercial activities that offer games and betting. The decision of the Palermo court highlighted the responsibilities of operators and the penalties prescribed by law, offering food for thought for all those operating in the sector.

The Regulatory Context

The judgment in question is based on provisions contained in the Consolidated Law on Public Safety (T.U.L.P.S.), specifically Articles 17, 110, and 221. These articles regulate the display of the prohibited games table and the legal consequences in case of non-compliance. In particular, Article 110, paragraph 1 of the Royal Decree of June 18, 1931, No. 773, requires that managers of venues where gambling takes place visibly display the table with the prohibited games, while Article 195 establishes the methods of validation for the same.

Display of the prohibited games table - Omission - Crime under Article 17 in relation to Article 110, paragraph 1, T.U.L.P.S. – Existence - Display without the methods prescribed by Article 195 of the implementing regulation – Sanction under Article 221, paragraph 2, T.U.L.P.S. – Existence. The omission of the display of the table indicating the games prohibited by the Police Commissioner, as prescribed by Article 110, paragraph 1, Royal Decree of June 18, 1931, No. 773, is punished by the aforementioned Article 17 of the Royal Decree, with the sanction of the subsequent Article 221, paragraph 2, of the same Royal Decree applying if the table, duly affixed, is not kept displayed in a visible place or is not correctly validated according to Article 195 of the relevant implementing regulation.

The Implications of the Judgment

The decision of the Palermo court highlights the importance of complying with regulations regarding the display of the prohibited games table. The Court established that the omission of such display constitutes a crime, with consequent penalties. In particular, if the table is not affixed visibly or is not correctly validated, the operator may face severe penalties, as provided by Article 221, paragraph 2 of the T.U.L.P.S.

  • Responsibilities of operators: each manager must ensure the correct display of the table.
  • Applicable penalties: in case of non-compliance, criminal and administrative penalties may apply.
  • Inspections by authorities: it is essential that the competent authorities carry out periodic checks to ensure compliance with regulations.

Conclusions

In conclusion, judgment No. 23947 of 2023 represents an important reminder for all operators, emphasizing the need to comply with regulations regarding public games. The correct display of the prohibited games table is not only a legal obligation but also a fundamental measure to ensure the safety of citizens and the legality of commercial activities. Operators must pay attention to these obligations to avoid legal consequences and penalties that could jeopardize their business.

Bianucci Law Firm