クイーンカジノ highfield

クイーンカジノで遊ぶと捕まる？

クイーンカジノ

クイーンカジノでプレイする際に、違法性はないのか気になりますよね。

今回は、クイーンカジノの違法性について解説します。

Contents

クイーンカジノの違法性

結論から言うと、クイーンカジノで遊ぶのは「グレーゾーン」です。

ただし、これはクイーンカジノに限らず、すべてのオンラインカジノに言えることです。

オンラインカジノの違法性・合法性に関してはこちらにまとめて書いています。

オンラインカジノの違法性・合法性

現在の日本の法律では判断できず、罪に問われることもありません。

オンラインカジノは、運営している国がオンラインカジノを認めており、ライセンスを取得していれば、日本の法律では判断できません。

刑法第百八十五条 【賭博】

賭博をした者は、五十万円以下の罰金又は科料に処する。ただし、一時の娯楽に供する物を賭けたにとどまるときは、この限りでない。
刑法第百八十六条 【常習賭博及び賭博場開張等図利】

賭博場を開張し、又は博徒を結合して利益を図った者は、三月以上五年以下の懲役に処する。
（刑法より抜粋）

賭博に関する犯罪（賭博罪）は、必要共犯の中の「対向犯」に分類されており、犯罪の実行には2人以上の者が関与する必要があります。

これをオンラインカジノに当てはめると、プレイヤーを有罪にするためには、オンラインカジノも有罪にしなければならないということになります。

しかし、オンラインカジノは外国で合法的に運営されているギャンブルであるため、日本の法律で裁くことは困難です。

そこで、反対罪の考え方に基づき、「オンラインカジノを有罪にするのは難しい＝プレイヤーを有罪にするのも難しい」と考えられています。

この説の他にも、オンラインカジノの法的性質については様々な見解がありますが、いずれにしても、日本では過去にオンラインカジノを有罪にした判例はありません。

公式ライセンスを取得しています

クイーンカジノ

クイーンカジノは、オランダ領キュラソー島のライセンスを取得しています。

正式なライセンスを取得して「合法的に運営されている」ということなので、日本の法律でクイーンカジノを判断することはできません。

まとめ

現在の日本の法律では、オンラインカジノを取り締まる法律は存在せず、グレーゾーンとなっています。

その理由は、海外のオンラインカジノは合法的に運営されているため、賭博法を適用することができないからです。

エルドアカジノ

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