Journal of Criminal Law and Criminology

Journal of Criminal Law and Criminology

A Comparative Study of the Criminal Policies of Iran and Turkey Regarding Gambling and Betting

Document Type : Original Article

Authors
Mehri barzegar 1
Moein ghasemi 2
1 Assistant Professor in BuAli Sina University, Faculty of Humanities, Law Department, Hamedan, Iran
2 M.A. student in Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
10.22034/jclc.2025.499116.2091
Abstract
According to the 2023 amendments to the Book of Ta'zir of the Islamic Penal Code, gambling and betting in cyberspace were criminalized, and innovations and reforms were made regarding criminal behaviors and activities related to gambling and betting. In Turkey, although the activity of casinos was permitted between 1983 and 1997, the legislator ended this permission from 1997 onwards and enacted the Penal Code and the Law on Misdemeanors in 2004 and 2005, respectively. According to these two laws, gambling is considered a misdemeanor, and providing a place and facilities for gambling is considered a crime. A comparison of the laws of Iran and Turkey reveals that in Iran, there is no separate criminal policy towards gambling and betting, and both carry similar punishments. However, in Turkey, direct commission of gambling is considered a misdemeanor, and betting on non-sports matters is a permissible behavior, while in sports matters it is under the supervision of the Spor Toto organization. Also, in Turkey, the legislator has adopted a stricter policy towards facilitating gambling and betting and has subjected it to a more severe penalty than direct commission. This approach is comparable to amended Article 706 of the Book of Ta'zir in the Iranian Code. However, in Iran, the punishment for complicity in gambling and betting is not more than the punishment for the perpetrator. The penalty enhancement systems of the two countries are also somewhat different. In Iran, factors such as the professional or organized nature of the activity, falling under the heading of corruption on earth (Ifsād fil-ardh), the use of cryptocurrencies, and operating under the cover of charitable or service activities are aggravating circumstances. In Turkey, the organized nature and providing facilities for gambling by children are aggravating circumstances for punishment. Overall, Iran's criminal policy regarding gambling and betting is one of absolute prohibition and punishment, whereas in Turkey, regarding gambling, a criminal policy of prohibition along with punishment of facilitators is followed, and regarding betting, a policy of legalization and supervision has been adopted.
 
Keywords
Gambling
Betting
Complicity in Gambling and Betting
Criminal Law of Cyberspace
Turkish Criminal Law
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Journal of Criminal Law and Criminology
Volume 13, Issue 26
Autumn 2025
Pages 147-182