Gambling is an illegal and criminal act, and those who participate in gambling are generally punished by public security management. Those who participate in gambling if the circumstances are particularly serious will generally constitute a crime, and those who constitute a crime will be investigated for criminal responsibility.
How to convict participants of gambling?
1, depending on the specific case, whether it is administrative detention or criminal detention;
2. If it is criminal detention, the detention period is 37 days at most, and then the result will be either arrest or release. If you continue to be detained for investigation after arrest, it will generally be transferred to the court for trial in about half a year. The specific situation should be asked by the case-handling unit. It is suggested to entrust a lawyer to handle the interview as soon as possible, apply for bail pending trial on his behalf, keep abreast of the progress of the case, and formulate a litigation plan beneficial to the parties; According to Article 96 of the Criminal Procedure Law, only lawyers can meet with criminal suspects before sentencing. Family members may consider entrusting a lawyer to the detention center to meet the criminal suspect, and carefully understand the specific process of the whole case and his confession to the public security organ.
3. If the case is transferred to the procuratorate or the court, the defense lawyer can go to the procuratorate or the court to read the papers, collect the confessions, documentary evidence, physical evidence and other relevant evidence of the criminal suspect and other accomplices accused by the investigation organ, make a good defense plan after in-depth study, and ensure that the defendant is innocent, lightly guilty, mitigated, exempted from punishment or suspended during the trial, and safeguard the best rights and interests of the defendant.
legal ground
Criminal law of the people's Republic of China
Article 87 A crime with a limitation period for prosecution shall not be prosecuted after the following period has expired:
(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.
Article 303 Whoever gathers people to gamble or gamble for the purpose of making profits shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.
Crime of opening a casino Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or control, 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 the crime of overseas gambling and organizes China people and China citizens to participate in gambling abroad, if the amount is huge or there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph.