COLOMBIA Law and Practice Contributed by: Juan Camilo Carrasco, Asensi Abogados
in exchange for a prize that the player will receive if they are correct with regard to the final results of the game, which cannot be predicted with certainty. The following three elements must be present for a game to be considered one of chance: • the game – this involves placing a bet or paying to participate; • the prize ‒ if the result is favourable for the player, they will receive a prize; and • chance – the game does not depend on the skill of the person, and its result is not predictable. 3.3 Definition of Land-Based Gambling Resolution 2695 of 2015 (issued by Coljuegos) and the Gambling Act establish that games (or elements of games) operated with equipment in commercial establishments that players attend as a necessary condition to bet are classified as “localised” and are therefore land-based. Games such as bingo, video games, spherodromes, slot machines and those Online gambling is part of the category of novelty games described in Article 38 of the Gambling Act, as modified by Article 93 of Law 1753 of 2015. The novelty games category includes: • pre-printed lotto; • instant lottery; • online lotto in any of its forms; • sports or event-based bets and all internet-operat- ed games; and • those operated through any other kind of informa- tion technology not requiring the presence of the bettor. The above only applies to games managed and/or run by Coljuegos. The games are operated and played via the internet – that is, bets are placed and prizes are paid solely through channels such as websites, apps or down- loadable platforms, whereby the player can access the games offered by the operator. After the player has registered via the authorised channels, they play offered in casinos fall into this category. 3.4 Definition of Online Gambling
games in which the mechanics are enabled by a vir- tual random number generator or by the occurrence of real events, the results of which are not controlled by the operator. 3.5 Key Offences Key offences include: • performing gambling activities without a proper licence (concession contract); • offering or selling games of chance to minors or people suffering from mental illness; • offering games of chance in which the prizes con- sist of – or indirectly involve – goods or services that violate the fundamental rights of people or that negatively affect players’ health; • offering games of chance in which the prizes consist of – or involve ‒ goods or services that the authorities must provide in the exercise of their legal role; • the circulation, sale or operation of games of chance if they are related to – or involve – unlawful or prohibited activities, goods or services; • the circulation, sale or operation of games of chance that: (a) have not been authorised by the relevant authority; or (b) ignore the rules or authorised limits of the relevant game; • not permitting the control, inspection and monitor- ing of relevant information systems by the corre- sponding authorities; and • not declaring or paying the exploitation rights within the applicable periods. Coljuegos provides the necessary support to the investigating authorities in the collection of probative material and its assurance for the effective develop- ment of the investigation. It will act in co-ordination with the authorities in cases where this is considered appropriate. 3.6 Penalties for Unlawful Gambling The general consequences of non-compliance with obligations are set out as follows.
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