The main methods are: First, the purpose is to make a profit, with the perpetrator as the center, and the establishment, contracting and leasing of venues specifically for gambling are at the discretion of the perpetrator. If gambling equipment is provided for others to gamble, whether the place is public or not does not affect the composition of the crime. 2. Establishing a gambling website on a computer network for the purpose of profit, or acting as an agent for a gambling website to accept bets.
2. Elements of the crime
1. The subject of this crime is a general subject. As long as he reaches the legal age of criminal responsibility, any natural person with the capacity for criminal responsibility can commit this crime.
2. The subjective aspect of this crime is intentional and for profit. That is, the purpose of gathering people to gamble, opening a casino, or consistently participating in gambling is to obtain money, not for entertainment.
3. The object of this crime is the normal order of social management.
4. The objective aspects of this crime include gathering people to gamble, making gambling a career, opening casinos, and operating casinos.
3. Determination standards
Comparison of the crime of gathering people to gamble and the crime of opening a casino
Article 303 of the "Criminal Law of the People's Republic of China" stipulates:
p>
Whoever gathers a crowd to gamble shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance; whoever gathers a crowd to gamble shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or 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 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 and not more than 10 years, and shall also be fined.
The above-mentioned legal provisions include two crimes: the crime of gathering people to gamble and the crime of opening a casino.
The so-called crowd gambling refers to the behavior of organizing and recruiting many people to gamble and make profits from it. This kind of person is commonly known as "Gambler", and Gambler himself may not necessarily directly participate in gambling.
The so-called gambling as a career refers to gambling as a habit, consistent gambling, and gambling as a source of livelihood. Such people are commonly known as "gamblers". Here, attention should be paid to the temporal continuity and long-term nature of gambling behavior. The specific identification should be based on the actual situation.
The so-called opening of a casino refers to the act of opening and operating a casino, providing gambling venues and equipment for others to gamble there, and making profits for oneself.
4. Standards for prosecution
Opening a casino should be prosecuted.
Anyone who establishes a gambling website on a computer network, or acts as an agent for a gambling website and accepts bets, falls within the scope of "opening a casino" as stipulated in this article.
Anyone who gathers people to gamble for the purpose of profit and is suspected of one of the following circumstances shall be prosecuted:
(1) Organizing three or more people to gamble, with a cumulative profit of 5,000 yuan Above;
(2) Organize three or more people to gamble, and the cumulative amount of gambling money is more than 50,000 yuan;
(3) Organize three or more people to gamble, and the cumulative number of gamblers is more than RMB 50,000. More than 20 people;
(4) Organizing gambling for more than 3 people, and the total number of gambling participants is more than 20 people;
(5) Organizing the establishment of a gambling website on the computer network , or accept bets as an agent for a gambling website.
(4) Organizing more than ten Chinese people and citizens to gamble overseas and collecting kickbacks and referral fees;
(5) Others who should be investigated for criminal responsibility Gambling behavior in groups.
Those who profit from gambling will be held criminally responsible in accordance with the law.
In gambling crimes, money used as bets, money exchanged for chips and money won through gambling are gambling capital. If gambling crimes are committed through a computer network, the amount of gambling capital can be determined by multiplying the number of points bet or won on the computer network by the amount actually represented by each point.
Article 44 [Case of opening a casino (Criminal Law Article 303, Paragraph 2)]
Whoever opens a casino shall file a case for prosecution.
Anyone who opens a gambling website on a computer network or acts as an agent for a gambling website and accepts bets falls within the scope of "opening a casino" as stipulated in this article.
V. Punishment
Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than 3 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 3 years but not more than 10 years , and impose a fine.