Basic facts
The defendants Guan Mouqin, Guan Mouyue and others made illegal profits. From June 2018 to October 2008, they were in the High-tech Zone of Yangjiang City, Guangdong Province. A casino opened in the lane of a village committee in Pinggang Town. The above-mentioned defendant used poker cards to gather people to gamble in the manner of "three men, big and small". Betting starts from 20 yuan, no upper limit. For each game, "water money" ranging from 20 yuan to 50 yuan is drawn as the casino's income.
Treatment results
The People's Court of Jiangcheng District, Yangjiang City held that the defendants Guan Mouqin and Guan Mouyue ignored national laws and opened a casino for profit. The defendant's behavior constituted the crime of opening a casino, and Guan Mouqin was sentenced to one year in prison and fined 6,000 yuan. He was sentenced to seven months in prison and fined 2,000 yuan; the defendant Guan's illegal gains of 3,000 yuan and the defendant Guan Mouqin's illegal gains of 2,000 yuan were recovered.
Typical significance
This case is a typical case of cracking down on rural gambling and opening casinos in accordance with the law. Poverty alleviation and rural revitalization require fresh rural customs and simple folk customs, and we must put an end to the lazy mentality of getting something for nothing. It is imperative to focus on cracking down on and severely punishing rural gambling crimes. Gambling not only endangers family harmony and happiness, but also destroys family tradition and rural customs, breeds illegal crimes, affects social stability, and erodes people's sense of gain, happiness, and security. The People's Court punishes the crime of opening casinos in accordance with the law, cracks down on the organizers, operators and profiteers of gambling crimes, squeezes the illegal and criminal space for gambling activities, effectively curbs the spread of gambling in rural areas, promotes the construction of rural spiritual civilization, and contributes to the establishment of the rule of law The state has played an active role.
Legal Links
Criminal Law of the People's Republic of China
Whoever opens a casino in paragraph 2 of Article 303 shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance , and shall 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.
Article 64: All property illegally obtained by criminals shall be recovered or ordered to be refunded; the legal property of the victims shall be returned promptly; contraband and personal items used in crimes shall be recovered Confiscated. All confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by oneself.
Extensions and extensions
1. Does "playing" between relatives count as "gambling"?
Article 70 of the "Public Security Management Punishment Law" stipulates: Those who engage in entertainment activities such as mahjong and poker among relatives with winning or losing property without profit-making purposes shall not be punished; Mahjong, poker and other entertainment activities involving a small amount of property to win or lose will not be punished.
Article 9 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Gambling Cases": Those who engage in entertainment activities with the purpose of winning or losing a small amount of property that are not for profit shall provide Chess and card rooms and other entertainment venues that charge normal venue and service fees. , shall not be punished for gambling.
2. Under what circumstances may it constitute "gathering in a crowd to gamble"?
Gathering gambling under Article 303 of the Criminal Law for the purpose of profit and under any of the following circumstances:
(1) Organizing three or more people to gamble and exploit each other for profit The total amount reaches more than 5,000 yuan;
(2) Organizes three or more people to gamble, and the gambling amount reaches more than 50,000 yuan;
(3) Organizes three or more people to gamble, and participates in gambling. The total number of gamblers reaches more than 20 people;
(4) Organizing more than 10 Chinese citizens to go abroad to gamble and collecting kickbacks and introduction fees.
3. How to define gambling behavior and mass entertainment activities?
First, from a subjective point of view, whether the purpose of gambling is for profit is a subjective element of the crime of gambling, and public entertainment is for leisure;
Second, from a subject point of view, the public Entertainment is mostly carried out among family members, relatives and friends;
The third is to see whether there are organizers who profit from it, which constitutes a gambling crime. Objectively, it is limited to three behaviors: "gathering together to gamble", "opening a casino" or "taking gambling as a career".
"Gathering a crowd to gamble" refers to the act of organizing, convening, and luring many people to gamble, and oneself profiting from it; "Gambling as a profession" refers to the act of frequent gambling, and using gambling to obtain money as a living or main source of income; "Opening a casino" "Refers to the act of providing gambling venues and equipment for others to gamble, and oneself profiting from it;
Fourth, the amount of the lottery depends on the individual, regional economic conditions and the consumption level accepted by the public.
The judge reminded
The eight-day National Day and Mid-Autumn Festival holidays are coming soon
I wish my friends a happy holiday in advance~
But please remember.
Entertainment is entertainment
Never cross the legal bottom line.
Strive to be a good, law-abiding citizen.