What are the legal provisions of gambling crime? "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Gambling Criminal Cases" Article 4 Whoever knowingly provides funds, computer networks, communications, expense settlement and other direct help to others shall be punished as gambling crime. Opinions on Several Issues Concerning the Application of Laws in Handling Cases of Opening Casinos by Gambling Machines: Whoever knows that others use gambling machines to open casinos under any of the following circumstances shall be punished as the * * offender of the crime of opening casinos: (1) providing gambling machines, funds, venues, technical support and fund settlement services; (2) Being employed to participate in the operation and management of casinos and sharing with them; (3) Organizing tourists for casino operators and collecting kickbacks and handling fees; (four) to participate in the management of casinos and receive high fixed wages; (5) Providing other direct help. How to define the crime of gambling (1) The main difference between gambling crime and general behavior lies in whether it is for the purpose of making profits subjectively and whether it has the behavior of gathering people to gamble, opening casinos and taking gambling as a profession 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 Law on Public Security Administration Punishment. (2) The legal limit of gambling crime is 1, and the motivation and purpose of participating in gambling. The constitution of gambling crime requires the actor to be subjective and intentional, with the purpose of obtaining money. If the actor is not for profit, it is only for entertainment, boredom, contact feelings and so on. The crime of gambling cannot be established. However, it should be noted that the perpetrator can establish this crime as long as the purpose is to obtain money, and whether he actually obtains money does not affect the composition of this crime. 2. The amount of gambling involved and the number of gambling. Some relatives, friends and neighbors occasionally gamble, winning and losing, but not much; Some people often gamble together, but the amount involved is very small, and gamblers do not take gambling income as their main source of livelihood or extravagance. This can be given administrative treatment such as public security punishment and reeducation through labor, but it should not be considered as a crime. 3. Actors are gamblers, gamblers, casino owners or ordinary gamblers. Gamblers refer to people who gather to gamble, that is, they provide casinos and gambling tools for gambling, organize and attract others to participate in gambling, and I profit from it. Gamblers may or may not take part in gambling, and they may be one person or many people. A gambler is a gambler, that is, gambling income is the main source of his life or luxury. Such people should be investigated for criminal responsibility for gambling crimes, but people who gamble in general can be criticized and educated. If the circumstances are serious, public security punishment can also be given according to the circumstances, but criminal responsibility cannot be investigated. 4. The identity of gamblers and the relationship between gamblers. If the gamblers are relatives, friends, colleagues, neighbors, villagers and other acquaintances, or some elderly people, it is generally not appropriate to treat them as crimes. Unless the amount involved in gambling is very large, gambling is often held, which seriously violates the social management order and social fashion. Gambling is not a good habit after all. It is often said that small gambling is good for feelings and big gambling is harmful to health. However, how many people run for a small gamble, and as a result, they want to gamble more and more. When they lose, they want to win back the lost money. Unconsciously, they didn't even realize that they had become big gamblers. Gambling is not only the destroyer of family harmony, but also has violated the laws of our country. Therefore, staying away from gambling is a dual requirement of morality and legal system. The above is some knowledge about gamblers. "Gamblers" don't have to worry about whether they will get worse because of gamblers. However, for the sake of family happiness and your own happiness, please stay away from gambling and don't let it ruin your family. If your situation is complicated, the website also provides online consultation service for lawyers, and you are welcome to have legal consultation.
Legal objectivity:
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 five 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 five years but not more than ten years and shall also be fined. Whoever organizes People's Republic of China (PRC) citizens to participate in gambling outside the country (territory), if the amount is huge or there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph. Article 70 of the People's Republic of China (PRC) Public Security Administration Punishment Law provides conditions for gambling for the purpose of making profits, or participates in gambling in a large amount, and is detained for less than five days or fined less than 500 yuan; If the circumstances are serious, they shall be detained for more than 10 and less than 15, and fined for more than 3,000 yuan in 500 yuan.