First, the concept and its composition
Gambling crime refers to the act of gathering people to gamble, opening casinos or taking gambling as a business for the purpose of making profits.
(A) the object elements
The object of this crime is the socialist social fashion. Gambling not only endangers social order and affects production, work and life, but also is often a hotbed of other crimes, which is very harmful to society and should be severely cracked down.
(b) objective factors
Objectively, this crime is manifested as gathering people to gamble, opening casinos or taking gambling as a profession. The so-called gathering gambling refers to organizing and attracting many people to gamble, and I profit from it. Such people are commonly known as "gamblers", and gamblers themselves may not directly participate in gambling. The so-called opening a casino refers to the act of providing gambling places and equipment for others to gamble and profiting from it. There are two ways to make a profit by opening a casino: one is that the casino owner does not directly participate in gambling in order to collect fees for the use of venues and equipment or tap profits; The second is to open casinos to directly participate in gambling, such as setting up gaming machines, slot machines and other gambling machines or hiring people to gamble with customers. Only the person who "runs a casino", that is, the casino owner or the person who runs a casino in partnership, should constitute a crime, and ordinary employees do not belong to the person who runs a casino. The so-called gambling industry refers to gambling addiction, gambling all the time, and gambling income as their source of life. Such people, commonly known as "gamblers", meet the objective requirements of gambling crime as long as they have one of the behaviors of gathering people to gamble, opening casinos or taking gambling as their profession.
(3) Main elements
The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
(4) Subjective factors
Subjectively, this crime is intentional, for the purpose of making profits. That is, the actors gather to gamble, open casinos or often participate in gambling for the purpose of obtaining money, not for recreation and entertainment. The purpose of profit does not mean that the actor must win money. As long as it is to get money, even if he doesn't actually win or even lose money, it doesn't affect the subjective elements of gambling crime.
Second, identify
(a) the boundaries between this crime and general illegal acts
The main difference between the two lies in whether it is for profit subjectively, and whether there are behaviors of gathering people to gamble, opening casinos and taking gambling as their business objectively. For those who have participated in gambling for many times, but have not won much, they do not take gambling as their livelihood or main source of income; Or if the actor provides casinos and gambling tools and does not profit from them, he cannot be convicted of gambling. If the circumstances are serious, it can be handled according to the relevant provisions of the regulations on administrative penalties for public security.
Third, punishment.
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 you don't know, there shouldn't be too much punishment. Your most powerful condition is that you don't know, you don't participate, and you don't have to bear legal responsibility.
However, you have the right to know your tenant's lease and scope of use. You should take secondary responsibility at this point. The maximum fine is 3000 yuan. And 15 days reeducation through labor maximum cash 500 yuan.