How will gambling be judged?

Lawyer Zhong replied: Hello, you will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and fined. Relevant laws stipulate that the concept of gambling crime refers to the act of gathering people to gamble or gamble for the purpose of making profits. [1] Constitutive elements (I) Object elements The object of this crime is the socialist social fashion. 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. (2) objective elements This crime is objectively manifested as gambling in groups or gambling as a profession. The so-called gathering gambling refers to organizing and attracting many people to gamble, and I profit from it. Such people are commonly known as "gamblers", and gamblers themselves may not directly participate in gambling. The so-called opening a casino refers to the act of providing gambling places and equipment for others to gamble and profiting from it. The so-called gambling industry refers to gambling addiction, gambling all the time, and gambling income as their source of life. Such people, commonly known as "gamblers", meet the objective requirements of gambling crime as long as they have one of the behaviors of gathering people to gamble, opening casinos or gambling industry. (3) Subject Elements The subject of this crime is a general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. (4) Subjective elements This crime is intentional subjectively and is for the purpose of making profits. That is, the actors gather to gamble or have been involved in gambling for money, not for recreation and entertainment. The purpose of profit does not mean that the actor must win money. As long as it is to get money, even if he doesn't actually win or even lose money, it doesn't affect the subjective elements of gambling crime. The main difference between (1) this crime and general illegal acts lies in whether it is for the purpose of making profits subjectively and whether it has the behavior of gathering people to gamble, opening casinos and taking gambling as a profession 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. (2) The boundary between gambling crime and fraud crime. 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. (3) The boundary between gambling crime and robbery Generally speaking, the two crimes are two different crimes, and the difference is very obvious and 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 didn't participate in gambling robbed the casino, and the other is that people who participated in gambling robbed the winners because they lost 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. Article 303 of the Criminal Law of People's Republic of China (PRC) is punished. 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.