Article 303 of the Criminal Law stipulates that anyone who 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.
Whoever, for the purpose of making profits, gathers people to gamble is suspected of one of the following circumstances, shall file a case for prosecution:
(1) Organizing three or more people to gamble, with a total profit of more than 5,000 yuan;
(2) Organizing three or more people to gamble, and the total amount of gambling funds is more than 50,000 yuan;
(3) Organizing three or more people to gamble, and the total number of gamblers is more than 20;
(4) Organizing more than ten China citizens to gamble abroad and collecting kickbacks and referral fees from them;
(five) other circumstances in which criminal responsibility should be investigated for gambling.
Gambling for the purpose of making profits shall be filed for prosecution. ?
Extended data:
The subjective aspect of gambling crime can only be direct intention, and indirect intention and negligence cannot constitute this crime. Subjectively, a necessary condition is to have the purpose and motive of making profits, but the purpose and motive of making profits are different in different gambling behaviors, and the motive of making profits in gambling crimes is definitely stronger than that in general gambling behaviors. In judicial practice, how to determine that gambling is for profit and reaches the level of crime? Combined with the investigation and existing related discussions, the author believes that it can be mainly carried out from the following two aspects:
First of all, look at the relationship between gambling places and gamblers. Through the statistics of many gambling cases, the author thinks that, generally speaking, criminal gambling is mostly carried out in some relatively hidden non-public places, such as remote cabins and hotel rooms. Organized gambling crimes are also guarded by special personnel who are responsible for safety. Gamblers are mostly unspecified social personnel, and generally have nothing to do with relatives, friends or classmates.
Second, look at the size of the lottery, the degree of profitability, and the number of gamblers. According to the regulations of the Ministry of Public Security, the amount of lottery depends on the economic situation of individuals and regions and the consumption level accepted by the public. Gambling crime has the same characteristics as behavioral crime and consequential crime. The amount of lottery tickets or gambling funds is indeed of reference value to measure whether it constitutes a gambling crime, but it depends on the degree of profit made by criminals and the number of gamblers attracted by the organization.
Gao and Gao's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Gambling Criminal Cases also adopted the merger standard. Gambling funds accumulated above 50,000, profits accumulated to 5,000, and the number of participants accumulated to 20, which can be regarded as gambling crimes.
References:
People's Republic of China (PRC) Public Security Administration Punishment Law-China Municipal Government Legal System Network
People's Republic of China (PRC) Criminal Law-China People's Congress Network