1. How to judge online lottery gambling?
The sentencing basis for online lottery gambling is Article 303 of the Criminal Law.
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 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 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.
For the crime of organizing overseas gambling, those who organize Chinese people or Chinese citizens to participate in gambling abroad, and the amount is huge or there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph.
II. Relevant provisions of the "Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Gambling Cases"
Article 1: For profit-making purposes, under any of the following circumstances , which falls under "gathering gambling" as stipulated in Article 303 of the Criminal Law:
(1) Organizing three or more people to gamble, and the total profit from gambling reaches more than 5,000 yuan;
( 2) Organize three or more people to gamble, and the amount of gambling money reaches more than 50,000 yuan;
(3) Organize three or more people to gamble, and the total number of participants reaches more than 20 people;
(4) Organizing more than 10 Chinese citizens to go abroad to gamble and collecting kickbacks and introduction fees.
Article 2: Setting up a gambling website on a computer network for the purpose of profit, or accepting bets on behalf of a gambling website, falls under the category of "opening a casino" as stipulated in Article 303 of the Criminal Law.
Article
If citizens of the People's Republic of China gather in groups to gamble, open casinos in surrounding areas outside my country, and solicit citizens of the People's Republic of China as the main source of customers, which constitutes a gambling crime, they may be punished in accordance with the Criminal Law Provides for criminal liability.
Article 4 Anyone who knowingly provides others with direct assistance such as funds, computer network, communications, expense settlement, etc. while knowingly committing a gambling crime shall be punished as a gambling crime.
Article 5: Anyone who commits a gambling crime under any of the following circumstances shall be severely punished in accordance with the provisions of Article 303 of the Criminal Law:
(1) Having the status of a state employee;
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(2) Organizing state staff to go abroad to gamble;
(3) Organizing minors to participate in gambling, or opening casinos to attract minors to participate in gambling.
Article 6 If the issuance and sale of lottery tickets without state approval constitutes a crime, he shall be convicted and punished for the crime of illegal business operations in accordance with the provisions of Article 225 (4) of the Criminal Law.
Article 7. Gambling, bribery or providing funds for gambling by state functionaries, which constitutes a crime, shall be convicted and punished in accordance with the provisions of the Criminal Law on bribery.
Article 8
Money and items used as bets in gambling crimes, money and items exchanged for chips, and money and items won through gambling are all gambling capital. If gambling crimes are committed through a computer network, the amount of gambling capital can be determined by multiplying the points bet or won on the computer network by the amount actually represented by each point.
Gambling funds shall be recovered in accordance with the law; gambling tools, illegal gambling proceeds, and all funds, transportation, and communication tools used exclusively by gambling criminals shall be confiscated in accordance with the law.
Article 9: Do not engage in entertainment activities with a small amount of property for profit-making purposes, and provide chess and card rooms and other entertainment venues that charge normal venue and service fees. , shall not be regarded as gambling.
For gambling, it is obviously a serious violation of national security and interests. The handling and determination of relevant matters also need to be judged strictly based on the actual facts and consequences involved. If the determination of the relevant situation is unclear, you can consult a lawyer for legal definition to avoid errors in legal application.