1. How long is the prosecution period for gambling crimes?
1. When gambling is a public security case, the prosecution period is six months.
Legal basis: Article 154 of the Procedures for Handling Administrative Cases by Public Security Organs stipulates that administrative punishment shall not be imposed if violations of public security administration are not discovered by public security organs within six months and other illegal acts are not discovered by public security organs within two years.
2. If gambling constitutes a crime, the prosecution period shall be five years.
Legal basis: Article 303 of the Criminal Law states that anyone who 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.
Article 87 A crime that exceeds the following time limit shall not be prosecuted:
(1) Five years have passed if the statutory maximum penalty is less than five years of fixed-term imprisonment;
(2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years;
(3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years;
(4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.
Second, how to distinguish between gambling and entertainment?
1, subjectively.
Whether it is for profit is the subjective element of gambling crime, while mass entertainment is for leisure.
2, from the main point of view
Mass entertainment is mostly carried out among family, relatives and friends.
3. See if any organizers profit from it.
The crime of gambling is objectively defined as "gathering people to gamble", "opening a casino" and "taking gambling as a profession". "Gathering people to gamble" refers to the behavior of organizing, convening and luring many people to gamble, and I profit from it. "Gambling as a profession" refers to the behavior of gambling frequently and taking gambling to obtain money as a living or main source of income. "Opening a casino" refers to the act of providing gambling places and equipment for others to gamble, from which I profit.
4. Look at the lottery amount.
It depends on individuals, regional economic conditions and public acceptance. When determining the nature of the case, we need to pay attention to the following two issues.
The first is to distinguish between crime and non-crime. Gamblers, gamblers and casino owners should be distinguished from the general public. The former should be investigated for criminal responsibility according to law, while the latter should focus on criticism and education. Gambling between relatives or friends should not be regarded as a crime.
Secondly, it distinguishes the boundaries between gambling crime and other crimes. It is a gambling act that the actor sets a trap to trick others into gambling in order to get money. If it constitutes a crime, it shall be convicted and punished for gambling. When gamblers see through the scam and demand to return the lost money, gamblers should use violence or threaten violence and be severely punished for gambling crimes; If a fight caused by gambling causes serious injury, death or direct murder, it shall be treated as intentional injury or intentional homicide respectively; Gamblers who rob other people's gambling funds by violence or threats, or who plan to rob casinos, shall be punished as robbery.
In practice, if gambling involves a criminal offence, the prosecution period is five years, while the prosecution period may be ten years for the crime of opening a casino. If you have other questions about gambling crimes, I suggest you consult a professional lawyer first for your benefit. A lawyer will help you analyze the case and make suggestions. I believe the problem will be solved well.