Gambling does not necessarily constitute a crime, and administrative punishment is generally given. If the amount of online gambling reaches more than 50,000, it constitutes a gambling crime and will be detained. Whoever, for the purpose of making profits, gathers people to gamble, opens casinos or takes gambling as his profession shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined. According to the relevant judicial interpretation, gambling funds accumulated to more than 50,000 yuan constitute gambling crimes, and criminal suspects should be convicted and sentenced for gambling crimes according to relevant laws and regulations. Of course, if you are suspected of gambling, the specific sentencing depends on the circumstances.
1. The standard for filing the crime of opening a casino is: those who open a casino should file a case for prosecution. Setting up a gambling sites on the computer network or accepting bets on behalf of gambling sites belongs to the regulation of "opening a casino".
Two, the use of the Internet, mobile communication terminals and other transmission of gambling videos, data, gambling activities, one of the following circumstances, belonging to the crime of opening a casino "casino" behavior:
(a) the establishment of gambling venues and accept bets;
(two) to set up a gambling place and provide it to others to organize gambling;
(3) Acting as an agent for gambling establishments and accepting bets;
(4) Profit sharing in gambling places.
3. Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or control, 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.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 303 of the Criminal Law.
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.
Article 70 of the Public Security Administration Punishment Law
For the purpose of making profits, provide conditions for gambling, or participate in gambling in a large amount, be detained for less than five days or fined 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.