First, the gambling standards of some local police stations are as follows:
1, Shanghai: If the personal gambling funds are above 100 yuan, it is a case with a large amount of gambling funds.
2. Shandong Province: If the per capita gambling capital exceeds that of 200 yuan, or the total gambling capital exceeds that of 600 yuan, it shall be punished according to the situation that the gambling capital is relatively large. If the per capita gambling capital exceeds that of 500 yuan, or the total gambling capital exceeds 2,000 yuan, it shall be punished according to the serious gambling circumstances.
3. Jiangsu Province: individuals who gamble for more than 200 yuan but less than 1,000 yuan will be fined less than 500 yuan; Individuals who gamble more than 1,000 yuan but less than 3,000 yuan shall be detained for less than five days.
Second, how to set up an online gambling platform for sentencing?
1, administrative detention, up to 15 days.
2, for the purpose of making profits, provide conditions for gambling, or participate in gambling, be detained for less than five days or fined less than five hundred yuan;
3. If the circumstances are serious, the offender shall be detained for more than 10 and less than 15, and fined for more than 3,000 yuan in 500 yuan. Of course, the definition of gambling capital varies from place to place, and the detention time is also different.
Third, how to distinguish gambling crime from entertainment?
1. From the subjective point of view, whether it is for profit is the subjective element of gambling crime, while mass entertainment is for leisure.
2. From the main point of view, mass entertainment is mostly carried out among family members, relatives and friends.
3. See if any organizers profit from it. The crime of gambling is objectively defined as "gathering people to gamble", "opening a casino" and "taking gambling as a profession". "Gathering people to gamble" refers to the behavior of organizing, convening and luring many people to gamble, and I profit from it. "Gambling as a profession" refers to the behavior of gambling frequently and taking gambling to obtain money as a living or main source of income. "Opening a casino" refers to the act of providing gambling places and equipment for others to gamble, from which I profit.
4. The lottery amount depends on individuals, regional economic conditions and public acceptance. When determining the nature of the case, we need to pay attention to the following two issues. The first is to distinguish between crime and non-crime. Gamblers, gamblers and casino owners should be distinguished from the general public. The former should be investigated for criminal responsibility according to law, while the latter should focus on criticism and education.
Legal basis:
Criminal law of the people's Republic of China
Article 303
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.