1. What is the sentencing standard for the crime of opening a casino?
The crime of opening a casino refers to whether there is an objective act of gathering people to gamble, opening a casino or taking gambling as a profession.
Article 303 of China's criminal law stipulates that those who gather people to gamble or make profits from gambling 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.
The sentencing standard for the crime of opening a casino is:
(1) Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.
(2) If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years and fined.
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Second, the standard of filing the crime of opening a casino
Anyone who opens a casino shall file a case for prosecution.
Setting up a gambling sites on the computer network or accepting bets on behalf of gambling sites belongs to "opening a casino".
Whoever, for the purpose of making profits, gathers people to gamble is suspected of one of the following circumstances, shall file a case for prosecution:
(1) Organizing three or more people to gamble, with a total profit of more than 5,000 yuan;
(2) Organizing three or more people to gamble, and the total amount of gambling funds is more than 50,000 yuan;
(3) Organizing three or more people to gamble, and the total number of gamblers is more than 20;
(4) Organizing more than ten China citizens to gamble abroad and collecting kickbacks and referral fees from them;
(five) other circumstances in which criminal responsibility should be investigated for gambling.
Gambling for the purpose of making profits shall be filed for prosecution.
Money used as a bet in gambling crimes, money exchanged for chips and money won through gambling belong to gambling funds. If a gambling crime is committed through the computer network, the number of points bet or won on the computer network can be multiplied by the actual amount represented by each point to determine the amount of gambling money.
Anyone who opens a casino shall file a case for prosecution.
Opening a gambling sites on the computer network or accepting bets on behalf of gambling sites belongs to "opening a casino".