legal ground
Criminal law of the people's Republic of China
Article 303 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 five 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 five years but not more than ten years and shall also be fined. Whoever organizes People's Republic of China (PRC) citizens to participate in gambling outside the country (territory), if the amount is huge or there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph.
Article 72
A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time, and suspended for people under the age of 18, pregnant women and people who have reached the age of 75: (1) The circumstances of the crime are relatively minor; (2) showing repentance; (3) There is no danger of committing a crime again; (four) the announcement of probation has no significant adverse effects on the community where he lives. Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation. If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.
Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Online Gambling Crimes I. Conviction and Sentencing Standards for Online Casino Crimes.
Using the Internet and mobile communication terminals to transmit gambling videos and materials and organize gambling activities is an act of "opening a casino" as stipulated in the second paragraph of Article 303 of the Criminal Law in any of the following circumstances:
(a) the establishment of gambling venues and accept bets;
(two) to set up a gambling place and provide it to others to organize gambling;
(3) Acting as an agent for gambling establishments and accepting bets;
(4) Profit sharing in gambling places.
The implementation of the acts specified in the preceding paragraph, under any of the following circumstances, shall be deemed as "serious circumstances" as stipulated in the second paragraph of Article 303 of the Criminal Law:
(a) the total profit of the leading enterprises reached more than 30,000 yuan;
(two) the amount of gambling funds reached more than 300 thousand yuan;
(3) The cumulative number of gamblers has reached more than 120;
(four) after the establishment of a gambling place, the illegal income is more than 30 thousand yuan by providing it to others to organize gambling;
(five) to participate in profit sharing in gambling places, and the amount of illegal income is more than 30 thousand yuan;
(6) Recruiting a subordinate agent for gambling sites, and the subordinate agent accepts bets;
(seven) to attract minors to participate in online gambling;
(eight) other serious circumstances.