1. How long will you be detained for gambling?
Gamblers are generally detained for less than 5 days, and those with serious circumstances are detained for more than 10/5 days.
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 less than 5 days or fined for less than 500 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.
Second, how to legally define the crime of gambling.
How to legally define the crime of gambling mainly refers to the following four 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 of gambling and the number 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) Are the actors gamblers, gamblers, casino owners or ordinary gamblers?
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.
The above three kinds of people should be investigated for criminal responsibility for gambling crimes, but for ordinary gamblers, they can criticize and educate them. 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.
Gambling is not a good habit after all. It is often said that small gambling is good for feelings and big gambling is harmful to health. However, how many people run for a small gamble, and as a result, they want to gamble more and more. When they lose, they want to win back the lost money. Unconsciously, they didn't even realize that they had become big gamblers. Gambling is not only the destroyer of family harmony, but also has violated the laws of our country. Therefore, staying away from gambling is a dual requirement of morality and legal system. If you don't understand anything, please find a professional criminal lawyer in time.
There are various gambling ways to open a casino. Generally, the operators decide in advance to provide chips, and sometimes there are certain gambling rules.
Gambling not only endangers social order and affects production, work and life, but also is often a hotbed of other crimes, which is very harmful to society and should be severely cracked down. In practice, there are some special situations that need attention. For example, if a person with the status of a state functionary participates in gambling and his behavior conforms to the provisions of the criminal law on gambling, he shall be given a heavier punishment.