User consultation:
After losing the gambling, do you think there is a chance to cheat money and go to the police to break the law?
Lawyer Li Jun of Zhejiang Theory Law Firm replied:
If you only participate in online gambling, it is generally difficult to be recognized as "gambling as a profession" in gambling crimes, because most gamblers often gamble, but lose a lot of money. Gambling is not an economic source, but an economic output. Therefore, it is not a crime to participate in gambling independently and lose money. However, gambling money is generally illegal and criminal booty, so it can only bear the losses by itself, and it is impossible to recover it by calling the police.
Gambling is illegal and criminal, and the police have the right to confiscate gambling money. Property obtained in violation of public security administration shall be recovered and returned to the infringed person; If there is no infringer, it shall be registered, auctioned or disposed of in accordance with relevant state regulations, and the income shall be turned over to the state treasury. People who run gambling games should be punished. Although he was cheated and belonged to the victim, he participated in gambling and violated the Public Security Punishment Law. Although it does not constitute a crime, it should also be punished by public security, with a fine of less than 500 yuan or detention of less than five days. 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.
Article 303 of the Criminal Law stipulates 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.
Analysis of Lawyer Li Jun of Zhejiang Theory Law Firm;
Elements of gambling crime:
First, the objective elements of gambling crime
The object of gambling crime is socialist social fashion. Gambling not only endangers social order and affects production, work and life, but also is often a hotbed of other crimes, which is very harmful to society and should be severely cracked down.
Second, the objective elements of gambling crime
The crime of gambling is objectively manifested as the behavior of gathering people to gamble or taking gambling as a profession. The so-called gathering gambling refers to organizing and attracting many people to gamble, and I profit from it. Such people are commonly known as "gamblers", and gamblers themselves may not directly participate in gambling.
The so-called gambling industry refers to gambling addiction, gambling all the time, and gambling income as their source of life. This kind of person, commonly known as "gambler", meets the objective elements of gambling crime as long as he has one of the behaviors of gathering people to gamble or taking gambling as his profession.
Three, the main elements of the crime of gambling
The subject of gambling crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
Fourthly, the subjective elements of gambling crime.
The crime of gambling is subjective and intentional, with the purpose of making profits. That is, the actors gather to gamble or have been involved in gambling for money, not for recreation and entertainment.
The purpose of profit does not mean that the actor must win money. As long as it is to get money, even if he doesn't actually win or even lose money, it doesn't affect the subjective elements of gambling crime.
According to the Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Online Gambling Crimes, whoever knowingly provides the following services or assistance to gambling sites is an accomplice in the crime of opening a casino and shall be punished in accordance with the provisions of the crime of online gambling:
1. Provide gambling sites with services such as Internet access, server hosting, network storage space, communication transmission channels, advertising, membership development, software development and technical support, and charge a service fee of more than 20,000 yuan.
2. Providing fund payment and settlement services for gambling sites, charging service fees of more than 6,543,800 yuan or helping to collect gambling funds of more than 200,000 yuan.
3. Advertise websites, odds and other information for more than 65,438+00 gambling sites, or advertise for more than 65,438+000 gambling sites. If the number or amount of acts specified in the preceding paragraph reaches more than five times the standard specified in the preceding paragraph, it shall be deemed as "serious circumstances" as stipulated in the second paragraph of Article 303 of the Criminal Law.
In any of the following circumstances, the actor shall be deemed to be "aware", unless there is evidence to prove that he is really ignorant: after receiving the written notice from the administrative organ, he still carries out the above-mentioned acts; Secondly, gambling sites provides Internet access, server hosting, network storage space, communication transmission channels, advertising, software development, technical support, payment and settlement of funds and other services. The service charge is obviously abnormal. 3. When investigating, law enforcement officers intentionally evade the investigation by destroying or modifying data and account books, or tip off the suspect. 4. There is evidence to prove that the actor knows. If the criminal suspect who runs the casino has not yet arrived at the case, but it does not affect the determination of the criminal facts of the criminal suspect and defendant who have arrived at the case, the person who has arrived at the case may be convicted and punished according to law.