First, the difference between the crime of opening a casino and the crime of illegal operation. The crime of opening a casino refers to the objective existence of gambling, opening a casino, and gambling as a profession. Once the casino is officially opened and actually used by some people, it is deemed that this crime has been accomplished, regardless of whether the founder actually makes a profit. If the casino owner participates in gambling on his own and engages in gambling, he may consider merging this crime with gambling crime. [1] The main ways are as follows: First, for the purpose of making profits, we should set up, contract and lease places dedicated to gambling under the control of the actors. Providing gambling equipment for others to gamble, whether the place is open or not does not affect the constitution of the crime. Second, for the purpose of making profits, set up gambling sites on the computer network, or accept bets on behalf of gambling sites. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three 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 three years and fined. According to Article 225 of the Criminal Law of People's Republic of China (PRC), the crime of illegal business operation refers to one of the following illegal business operations in violation of state regulations. Understanding of "violation of state regulations" in the crime of illegal business operation: at the first level, if an act does not violate state regulations, it only violates local laws and departmental rules lower than state regulations, of course, it does not constitute the crime of illegal business operation; On the second level, if an act violates the provisions of the state, but the provisions of the state do not stipulate that the act constitutes a crime of criminal responsibility, and the criminal judicial interpretation does not explain the act as a way of illegal business operation, it certainly does not constitute a crime of illegal business operation. On the third level, if an act violates the provisions of the state, the state stipulates that criminal responsibility should be investigated if the act constitutes a crime, but the criminal judicial interpretation does not clearly state that the act is an act of illegal business operation, and of course it does not constitute an illegal business operation crime, such as operating without a license. Related punishment: 1. If a natural person commits a crime, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated. 2. If a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the provisions of this article. Two. Relevant laws and regulations of the Criminal Law Article 225 Whoever commits any of the following illegal business operations in violation of state regulations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business is restricted by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations; (three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business; (four) other illegal business activities that seriously disrupt the market order. Article 303 Whoever gathers people to gamble or gamble for the purpose of making profits shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined. The crime of opening a casino shall be sentenced to fixed-term imprisonment of not more than three 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 three years but not more than ten years and shall also be fined. To sum up, the punishment consequences of the crime of illegal business operation are more serious than the crime of opening a casino, but neither of them will involve life imprisonment or death penalty unless it is an additional punishment and a felony. If you have any questions about this knowledge, please feel free to consult, and we will provide professional lawyer services.
Legal objectivity:
Criminal law of the people's Republic of China
Article 225
Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income;
If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;
(four) other illegal business activities that seriously disrupt the market order.
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.