In 2022, Romania may again face a pandemic crisis. New restrictive measures will have an impact on the iGaming field.
The regulators plan to introduce a certain set of rules to fill the state budget. Since some innovations may go beyond what is allowed by law, distributors should resort to expertise.
This is a useful approach for operators that can help to obtain the data needed to reverse decisions made to limit the work of gambling projects during the pandemic.
For revealing this topic, specialists have conducted an in-depth analysis of such documents:
- Code of Civil Procedure;
- Code of Criminal Procedure;
- Code of Fiscal Procedure.
When Can Experts Be Included?
The expert assessment can substantiate the legality of the acts and precedents, in case the tribunal considers it important to get acquainted with the views of specialists.
The iGaming business is based on particular legislation and stands out from other industries. On this basis, expertise to collect evidence is even more vital for the entertainment sector.
The Criminal Code stipulates that the opinion and knowledge of a third person should be taken into account to ascertain or clarify the circumstances that are appropriate to the lawsuit.
Based on the framework of the Tax Code, the inclusion of additional data from independent experts to collect proof in the fiscal field is welcomed.
Arguments from specialists may include:
- audio and video recordings;
- data on any media;
- other material evidence permitted by law.
Fiscal Notes for the iGaming Business
Representatives of the gambling industry can challenge the restrictions beyond the existing legislation by providing reports from relevant field experts. The inquiry of evidence is governed by the principle of free evaluation.
Such reports may be considered if they satisfy certain conditions regarding:
- legality;
- credibility;
- relevance;
- completion.
Fiscal inspectors should be guided by the principle of correctly determining the taxpayer’s tariff position. This rule is analogous to the concept of authenticity in the knowledge of the facts. It is used to prevent any error in the acquaintance of the data.
The courts should insist on this principle by all means of evidence, including expertise.
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