Gambling, in the form of playing cards and dice, is a game of betting on winning or losing with valuable things, and it is also a way of entertainment for human beings. Any gambling has different meanings in different cultural and historical backgrounds.
Gambling crime must have a profit-making purpose subjectively, and gambling behavior with entertainment as the main part does not constitute gambling crime. If the gambling behavior is not serious enough, it can be punished by public security administration, and if it constitutes a gambling crime, it can be sentenced to fixed-term imprisonment of not more than three years, criminal detention and may also be fined.
The boundary between gambling crime and fraud crime, fraud crime is the act of illegally obtaining public and private property by deception for the purpose of illegal possession, which is mainly manifested as deception. Gambling crimes are often accompanied by cheating, but this kind of cheating is different from cheating in fraud crimes. Deception in the crime of gambling is to create false facts to induce others to participate in gambling, while gambling itself depends on accidental facts to decide whether to win or lose, and its purpose is still to achieve profits through gambling, rather than illegal possession. According to the relevant judicial interpretation, it is a gambling act for the perpetrator to set a trap to trick others into gambling to defraud money, and if it constitutes a crime, it should be convicted and punished for gambling. If a gambler sees through the scam and demands to return the lost money, and refuses to return it by using violence or threatening violence, he shall be severely punished for gambling.
Article 303 of the Criminal Law of People's Republic of China (PRC) * * * 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.