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:
1. The subject of this crime is a general subject, and any natural person who has reached the legal age of criminal responsibility and has criminal responsibility ability can constitute this crime;
2. Subjectively, this crime is intentional and for profit. 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;
3. The object of this crime is the normal social management order.
Gambling crime, in any of the following circumstances, shall be given a heavier punishment:
1, with the status of national staff;
2. Organizing national staff to gamble abroad;
3. Organizing minors to participate in gambling, or opening casinos to attract minors to participate in gambling.
Gathering people to gamble and opening casinos provide places, gambling tools and other material facilities for gambling. The difference between them is that:
1, the scale of gathering gambling is generally small, gamblers usually use personal relationships to organize others to gamble on a small scale, and their members are relatively fixed in gathering gambling, and gamblers also participate in gambling; Casinos have a certain scale, and many people participate in gambling. Well-organized, clear division of labor. Casino service personnel are responsible for charging, bookkeeping, licensing or shuffling in the casino, and there are special personnel to keep an eye on the situation. Gamblers are introduced by gamblers or acquaintances to lead the way before entering the casino.
2. Gambling in groups is generally temporary and short-lived. After one gambling, the next gambling must be organized again.
legal ground
Article 303 of the Criminal Law of People's Republic of China (PRC) * * * 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 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.