Participate in gambling crimes? 1. If the crime of gambling is constituted, criminal responsibility shall be investigated according to the specific circumstances; Article 303 of the Criminal Law Whoever gathers people to gamble or gamble for profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined. Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. 2. If it does not constitute a crime, it shall be punished by the public security organ. Article 70 of the Law on Public Security Administration Punishment provides conditions for gambling for the purpose of making profits, or participates in gambling in a large amount, and shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than 10 and less than 15, and fined for more than 3,000 yuan in 500 yuan. The difference between gambling crime and general gambling behavior is that the main difference between gambling crime and general gambling illegal behavior lies in whether the actor subjectively aims at making profits, and objectively whether there is the behavior of gathering people to gamble, opening casinos or gambling as a regular business. Specifically, gambling crimes and illegal gambling behaviors can be distinguished from the following aspects: (1) Motivation and purpose of participating in gambling. The constitution of gambling crime requires the actor to be subjective and intentional, with the purpose of obtaining money. If the actor is not for profit, it is only for entertainment, boredom, contact feelings and so on. The crime of gambling cannot be established. However, it should be noted that the perpetrator can establish this crime as long as the purpose is to obtain money, and whether he actually obtains money does not affect the composition of this crime. (2) The amount and frequency of gambling. Some relatives, friends and neighbors occasionally gamble, winning and losing, but not much; Some people often gamble together, but the amount involved is very small, and gamblers do not take gambling income as their main source of livelihood or extravagance. This can be given administrative treatment such as public security punishment and reeducation through labor, but it should not be considered as a crime. (3) The actor is a gambler, gambler, casino owner or general gambler. Gamblers refer to people who gather to gamble, that is, they provide casinos and gambling tools for gambling, organize and attract others to participate in gambling, and I profit from it. Gamblers may or may not take part in gambling, and they may be one person or many people. A gambler is a gambler, that is, gambling income is the main source of his life or luxury. Some people in The Gambler don't have proper jobs and specialize in gambling. Some have jobs, mainly engaged in gambling; Some have legitimate jobs, but gambling is a part-time job, and the amount of gambling wins or losses greatly exceeds the amount of their legitimate income. Casino owners refer to people who open casinos, that is, people who provide places for gambling, set gambling methods, provide gambling tools, chips and funds, and organize gambling for profit. These three kinds of people should be investigated for criminal responsibility for gambling crimes, but for ordinary gamblers, they can be criticized and educated. If the circumstances are serious, they can also be given public security punishment according to the circumstances, but they cannot be investigated for criminal responsibility. (four) the identity of the gambling personnel and the relationship between the gambling personnel. If the gamblers are relatives, friends, colleagues, neighbors, villagers and other acquaintances, or some elderly people, it is generally not appropriate to treat them as crimes. Unless the amount involved in gambling is very large, gambling is often held, which seriously violates the social management order and social fashion. Bian Xiao reminds you that gambling can satisfy people's desire for excitement. It brings people both material and spiritual stimulation, and this kind of economic and psychological satisfaction will strengthen gamblers' gambling behavior. The above is the relevant information summarized for you. I hope I can help you. This website is dedicated to building an excellent legal consultation platform. If in doubt, please consult a lawyer.
Legal objectivity:
Article 70 of the Law on Public Security Administration Punishment provides conditions for gambling for the purpose of making profits, or participates in gambling in a large amount, and shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than 10 and less than 15, and fined for more than 3,000 yuan in 500 yuan. Article 303 of the Criminal Law Whoever gathers people to gamble or gamble for profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined. Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.