(1) The currency and articles seized on the spot as bets shall be regarded as gambling funds, and the chips therein shall be converted into equivalent currencies and articles;
(2) There is evidence to prove that the gambling personnel take the money and things they carry with them as a bet or in exchange for chips, or take the money and things they win with them, but the specific amount cannot be ascertained, all the money and things they carry can be regarded as gambling money, except that the money and things they carry are far from those carried by other gambling personnel, or are obviously out of proportion to the bet, and it can be proved that the money and things are really used properly;
(3) In the gambling activities conducted through the computer network, the deposits paid by the sub-casinos, lower-level bookmakers or gambling participants to the gambling organizers, higher-level bookmakers or gambling companies before organizing or participating in gambling are regarded as gambling funds;
(4) There is no gambling money at the gambling site, but it is changed into chips or delivered afterwards as agreed in advance. If the amount of gambling funds is uncertain after investigation, it shall be calculated according to the total value of gambling funds divided by the average number of gamblers;
(5) The amount of gambling money through the computer network can be determined by multiplying the total points bet or won on the computer network by the actual amount represented by each point;
(6) Money and articles deposited in specific places by people who enter casinos to participate in gambling shall not be regarded as funds specially used for gambling when they are not used as bets or chips. If there is evidence that some of the money and articles involved in gambling are used as bets or chips, the part used as bets or chips is gambling money, and the rest should be regarded as money and articles specially used for gambling.
1. What is the determination of gambling funds?
Money used as a bet in gambling crimes, money exchanged for chips and money won through gambling belong to gambling funds.
Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Gambling Criminal Cases Article 8 Money and materials used as bets, money and materials exchanged for chips and money and materials won through gambling in gambling crimes belong to gambling funds. If a gambling crime is committed through the computer network, the number of points bet or won on the computer network can be multiplied by the actual amount represented by each point to determine the amount of gambling money. Gambling funds should be recovered according to law; Gambling tools, illegal gambling income and all funds, means of transportation and communication tools used exclusively by gambling criminals shall be confiscated according to law.
Second, how to identify the crime of gambling
(a) the boundaries between this crime and general illegal acts
The main difference between the two lies in whether it is for profit subjectively, and whether there are behaviors of gathering people to gamble, opening casinos and taking gambling as their business objectively. For those who have participated in gambling for many times, but have not won much, they do not take gambling as their livelihood or main source of income; Or if the actor provides casinos and gambling tools and does not profit from them, he cannot be convicted of gambling. If the circumstances are serious, it can be handled according to the relevant provisions of the regulations on administrative penalties for public security.
(B) the boundaries between gambling and fraud
The crime of fraud is an act of illegally obtaining public and private property by deception for the purpose of illegal possession. Its main feature is "cheating". Gambling crimes are often accompanied by cheating activities, but this kind of cheating is different from cheating in fraud. 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.
However, fraud in the name of gambling, such as one party defrauding gambling equipment, or using slang or argot as a number to trick the other party into gambling with it and defrauding the other party's property, should constitute fraud. Because of the accidental fact that constitutes the crime of gambling, the decision to win or lose must be unknown to the gambler. If it is predicted by the gambler and the other gambler doesn't know it, the behavior of the party who predicts the outcome is completely in line with the characteristics of fraud and should be punished as fraud.
(C) the boundaries between gambling and robbery
Generally speaking, the two crimes are two crimes of different nature, and the difference is very obvious, which is not easy to confuse. However, how to characterize the casino robbery should be treated differently according to the specific situation. One is that people who don't participate in gambling rob casinos, and the other is that people who participate in gambling rob winners because they don't want to lose money. In the former case, no matter whether the perpetrator pretends to be a militia or a public security officer, as long as the casino is robbed by violence or coercion, it should be classified as robbery; If it is not carried out by means of violence or coercion, and the amount is large, it can be considered as the crime of looting; If the amount is relatively small, it is a general robbery violation, but it cannot be classified as robbery. The latter case should also be treated differently. Those who do not take violence or coercion to rob gambling funds can be regarded as the continuation of gambling behavior and the performance of gambling crimes because they occurred in robbing casinos, and should still be characterized as gambling crimes. However, if gamblers rob others of their gambling funds by violence or coercion, they should be classified as robbery and punished together with gambling crimes.
In judicial practice, the determination of gambling funds is actually a very important aspect, from which we can judge whether it constitutes a gambling crime. After all, there is a big difference between the punishment of gambling crime and general gambling behavior in China. If it constitutes a crime, it will naturally leave a criminal record, which will have a certain impact on his future life and work.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 303 of the Criminal Code of People's Republic of China (PRC).
Whoever, for the purpose of making profits, gathers people to gamble, opens casinos or takes gambling as his profession shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.