What are the legal limits of the crime of gambling
The legal limits of the crime of gambling are as follows:
1. Motives and purposes for participating in gambling. The constitution of the crime of gambling requires that the perpetrator has direct and intentional subjective motives and the purpose of defrauding money. If the perpetrator does not do it for profit, but only for entertainment, to kill boredom, to connect with others, etc., the crime of gambling cannot be established. However, it should be noted that as long as the perpetrator has the purpose of obtaining money, this crime can be established. Whether the money is actually obtained does not affect the constitution of this crime;
2. The amount and participation of gambling Number of gambles. Some relatives, friends, and neighbors gamble occasionally and lose and win, but not much; some gamble regularly, but the amount involved is very small. Gamblers do not use gambling income as the main source of living or consumption. This may be subject to administrative sanctions such as public security penalties and reeducation through labor depending on the circumstances, but it should not be considered a crime;
3. The perpetrator is a gambler, gambler, casino owner or general gambling member. Gamblers refer to people who gather together to gamble, that is, people who provide casinos and gambling equipment for gambling, organize and recruit others to participate in gambling, and profit from them themselves. The gambler may or may not participate in gambling, and may or may not be one person. The so-called gambler refers to a person who takes gambling as a regular occupation, that is, a person who uses gambling income as his main source of living or consumption. Such people should be held criminally responsible for gambling crimes, but general gambling people can be criticized and educated. If the circumstances are serious, they can also be given public security penalties depending on the circumstances, but they do not need to be held criminally responsible;
4. The identity of the gambling participants and the relationship between the gambling participants. If the gambling participants are relatives, friends, colleagues, neighbors, fellow villagers and other acquaintances, or some elderly people, it is generally not appropriate to treat them as crimes. Unless the amount of money involved in the gambling case is large, gambling often seriously violates social order and good customs.
1. Does playing mahjong constitute a gambling crime?
Whether playing mahjong constitutes a gambling crime depends on the specific circumstances. Since profit-making is one of the essential elements of gambling crimes, if there is a mahjong game for profit and the amount involved is relatively large, it is suspected of constituting a gambling crime. If a person uses a small amount of property to win or lose mahjong without the purpose of profit, it will not be punished as gambling.
2. Is it illegal to play mahjong in a chess and card room?
It is not illegal to play mahjong in a chess and card room, but it is illegal to use mahjong for gambling. Anyone who gathers people to gamble or engages in gambling for the purpose of profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also be fined. Anyone who opens a casino shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or surveillance, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and shall also be fined.
3. How to open a legal chess and card room
The key is to see whether there are any illegal or even criminal activities in the chess and card room. If the chess and card room only provides general entertainment activities, it is a legal operation. Opening a chess and card room can be operated as long as it is approved by the industrial and commercial administration authorities and the public security authorities. It is not illegal in itself. The key is that gamblers cannot be accommodated, otherwise they will be punished and sealed. Processing steps: You need to apply for a business license for individual industrial and commercial households; processing items: procedures for opening an individual industrial and commercial household; processing agencies: various industrial and commercial offices and tax offices where the business is located.
I hope the above content will be helpful to you. If you still have any questions, please consult a professional lawyer.
Legal basis:
Article 303 of the "Criminal Law of the People's Republic of China" Whoever gathers people to gamble or engages in gambling as a business shall be sentenced to fixed-term imprisonment of not more than three years Imprisonment, criminal detention or surveillance, and a fine.
Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and not more than 10 years, and shall also be fined.
The crime of organizing and participating in overseas gambling. If the Chinese People's Government or citizens are organized to participate in overseas gambling, and the amount is huge or there are other serious circumstances, they shall be punished in accordance with the provisions of the preceding paragraph.