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Flying Casinos at Virgin Airways |
| Casino and Gambling News |
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| Its appeared recently on the press (Republic
of the 3 june 1993) the news that the airline English
Virgin Airways has decided of istall to edge of own aircrafts
miniums screen computerized for gambling, usable during
the flights by means of credit card. L' istallazione of
casino on means of transport is in voga
for a long time, but it undoubtedly constitutes a innovation
in the aerial field. Interesting appears therefore to
examine, to the light of the Italian legislation, than
of rule it prohibits the game d' hazard, if this can be
possible also in our ordering. Like famous, the gambling
is online prohibited general from the artt. 718 and segg.
c.p., whose discipline goes integrated with l' art. 110
t.u.l.p.s. Exceptions to such penal norms are previewed
in the laws of institution of the little Casinos,
entrusted generally to public agencies. However, from
a ten d' years the gambling is allowed
also on the ships from cruise, but only when they find
in navigation beyond the strait of Gibilterra and the
Suez Canal. Interesting appears to remember with regard
to the genesis of the norm, for which this that is illicit
in the Mediterranean becomes lawful in the rest of the
world. The exception to the penalistiche norms on the
gambling is contained nell' art. 25 of
the law n. 848 dell' 11 Decembers 1984. Following rigorously
l' it second puts into effect them systematic address
of our legislator (which the norms must be for how much
possible inserted in witnesses of laws from the completely
various content), the disposition are found in an entitled
law " Provvidenze to favor dell' industry armatoriale"
, hidden between contributions to the construction and
demolition of ships, interest rates, and so on. A first
interpretation of the norm in such context could induce
to think that the legislator, in order not to burden the
Italian contributor, has thought to propose the shipowners
originates them method of acquisition of happens them
from the private ones, waves to finance with they l' purchase
of the ships. But thus it is not. Of fact, law 848 previews
more for the shipowners than substantial contributions
to lost bottom to cargo of the state, and a graceful cake
has been revealed gift of our legislator to foreign shipowners,
of which the sight norm on the gambling
constitutes only the ciliegina. We see like The l. 848/1984,
on the wake of the precedence you read commonly said "
on the credit navale" (in reality subsidies to lost
bottom - l. 361/1982 and successive modifications) have
decided l' distribution of contributions to cargo of the
state in favor of the new shipbuilding. Such contributions
covered a good percentage of the cost of the ship (beyond
3/4); this in theory, as practically, by means of some
trucchetti very you notice to the attache's to the intense
activities and playing on the prices of the imported materials,
it was not difficult all' shipowner to succeed to obtain
the reimbursement dell' entire cost of the ship. The thing
moreover more interesting is that in reality the contributions
given from the state did not go at all necessarily to
yards or Italian shipowners, but also (and generally)
to aliens, than they have become rich to expenses of the
Italian contributor. Under l' aspect of the construction
of the ship, the necessary comparison of the entrepreneurs
of countries the EEC to those Italians has made yes that
the construction of the ships admitted to the contributions
could be carried out in any yard of the Common market.
And the shipowners are not little that, seen the most
competitive prices practiced from the Dutch yards, they
have preferred to make to construct in the Low Countries,
with the contributions of the Italian state, own ships.
Regarding the shipowners, the law obviously granted the
benefit of the contribution to the ships that they had
(and they had maintained) the flag Italian. But with regard
to, nationality requirement demands for the flag are not
certainly unsurmountable for the aliens. Enough to constitute
a society in Italy, and to cure that the administrative
organs and directives are in majority of Italian nationality,
former art. 143 c.n., independently from who of it possesses
the quotas; practically, for a s.r.l with 20 million it
happens them social, is sufficient to name only administrator
an Italian. From that drift the explanation of the relative
norm to the gambling introduced in law
848. The interested foreign entrepreneurs make themselves
to give the ships from the Italian state had and have
for they a very precise employment: that is, the fastose
cruises in the Caribbeanses, where rich Americans, between
un' exotic island and l' other, takes delight in defying
the fortune in the edge casinos. This was not obviously
possible, till then, on ships of Italian flag, and would
have prejudiced the happened one of the cruises to edge
of the ships of Italian flag; and then, here the ciliegina
on the cake gift, that is the permission of istallare
casino to edge. Of fact, therefore, today in the Caribbeanses
they circulate and they will circulate still in order
a lot (at least until to the payment dell' last installment
of contribution of the Italian state) ships with Italian
flag that have not never seen not even the Mediterranean,
or to more in Italy have been only constructed; graceful
gifts of varied tens of billions (to expenses of the contributors)
from our legislator to foreign entrepreneurs (and not)
from the influential supports. This therefore the real
ratio of the norm, very famous to the attache's to the
intense activities. How much instead to the official ratio,
it can be reassumed in the usual relative speeches to
the lessening dell' interest of the state of the flag
to the crimes little account that, on far ships from the
patrio ground, the customs do not upset and l' public
order, and so on. Data but that it is only the official
ratio that which will remain to the posteri, and that
on which the giuristi they can reason in order to try
of ricucire the row of a system that the legislator does
not worry itself to cure, can be tried on such base to
verify if the norm applicable also to the aerial transport.
The answer does not seem to be able to be positive. Even
if undoubtedly l' identical ratio " ufficiale"
sussiste also for the air navigation, be a matter itself
of norm of penal character do not appear possible to invocare
an analogic interpretation. In any case, if l' initiative
of the Virgin Airlines will have happened, difficultly
the giurista will have to be engaged in such interpretativi
tasks. E' in fact verosimile that the Italian parliament
will notice without warning than little it upsets l' inner
public order a passenger who plays to videogame to 7.000
meters of quota, and sforni a norm that concurs with the
airline of flag - behind deposit all' state treasury of
consistent rights - to follow l' example of the Virgin
Airlines. Perhaps it would remain to ascertain if, like
the ships, airplane from cruise exist also; but, be a
matter itself of not normative definition, the scoglio
it could be old calling exactly " from crociera"
the endowed aircrafts of flying casino.
Enzo Fogliani |
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