First, the sentencing standards for writing the gambling crime code
Suspected of gambling. Generally less than three years. It depends on the specific situation. According to Article 96 of the Criminal Procedure Law, only lawyers can meet with criminal suspects before sentencing. Family members may consider entrusting a lawyer to the detention center to meet the criminal suspect, and carefully understand the specific process of the whole case and his confession to the public security organ. After the meeting, the lawyer will judge the circumstances of the crime and provide legal help and apply for bail pending trial in time; If the case is transferred to the procuratorate or the court, the defense lawyer can go to the procuratorate or the court to read the papers, collect the confessions, documentary evidence, physical evidence and other relevant evidence of the criminal suspect and other accomplices accused by the investigation organ, make a good defense plan after in-depth study, ensure that the defendant is innocent, mitigated, exempted from punishment or suspended during the trial, and safeguard the rights and interests of the defendant to the maximum extent.
Second, the criteria for filing gambling crimes.
In order to punish gambling criminal activities according to law, according to the relevant provisions of the Criminal Law, some issues concerning the specific application of law in handling gambling criminal cases are explained as follows:
first
For the purpose of making profits, one of the following circumstances belongs to "gathering gambling" as stipulated in Article 303rd of the Criminal Law:
(1) organizing gambling with more than 3 people, and the total profit from tapping reaches more than 5,000 yuan;
(2) Organizing three or more people to gamble, and the amount of gambling funds reaches more than 50,000 yuan;
(3) Organizing more than 3 people to gamble, and the total number of participants in gambling reaches more than 20;
(4) Organizing 10 China citizens to gamble abroad, and collecting kickbacks and referral fees from them.
Third, the constitutive elements of gambling crime
1, the object of this crime is social management order and social fashion. Gambling not only endangers social order, affects work, production and life, but also often induces other crimes, which is very harmful to society and must be severely cracked down.
2. Objectively speaking, it is the behavior of gathering people to gamble, opening casinos or taking gambling as a profession. "Crowd gambling" refers to the act of providing casinos and gambling tools, organizing and attracting others to participate in gambling, and I profit from it. This kind of person is commonly known as "gambling head". Gamblers can participate in gambling, or they can not participate in gambling, which can be one person or more than three people, and it does not affect the establishment of the crime. "Opening a casino" refers to the behavior of organizing gambling by providing places, setting gambling methods, providing gambling tools, chips and funds for profit. "Gambling as a profession" refers to the behavior of gambling as a regular occupation, that is, gambling income is the main source of life or profligacy. This folk custom is "gambler". Some people in The Gambler don't have proper jobs and specialize in gambling. Some have jobs, mainly engaged in gambling; Although some have legitimate occupations, they regard gambling as a part-time job, and the amount of winning or losing gambling greatly exceeds the amount of their legitimate income. According to the law, the actor can constitute this crime as long as he has one of three behaviors: gathering people to gamble, opening casinos and taking gambling as his business.
3. The subject of crime is the general subject.
4. Subjectively, it is intentional and has a profit-making purpose. That is, the actors gather to gamble and open casinos. Gambling is for their business, for money, not for entertainment. For the purpose of making profits, the actor is not required to win money, as long as he wins or even loses money for the purpose of obtaining money, it will not affect the establishment of this crime. Negligence does not constitute this crime.
How to write the code table for gambling crimes is usually three years, but it depends on the actual situation. Gambling crimes are based on four criteria. As long as people gather to gamble and open casinos for entertainment purposes, gambling crimes constitute gambling crimes. Only lawyers can see the suspect before sentencing. Family members should entrust lawyers to learn more about the situation, so that lawyers can defend our innocence and commutation to the maximum extent and safeguard our rights and interests.
Extended reading:
How to identify the crime of gambling
How long is the prosecution period for gambling crime?
How many years will it take to surrender gambling crimes?