1, organize three or more people to gamble, and the total amount of gambling funds is more than 50,000 yuan;
2. Organizing 10 or more China citizens to gamble abroad and collecting kickbacks and referral fees from them;
3, the organization of more than three people gambling, tap the total profit of more than five thousand yuan.
Gambling profits reach more than 50 thousand yuan, which can constitute gambling crime. However, if the amount of gambling profits reaches more than 50,000 yuan, the following conditions shall be met at the same time before the crime of gambling can be established:
1, where criminals organize and convene more than three people to participate in gambling;
2. Criminals organize many people to participate in gambling in order to make profits.
1. How much constitutes a gambling crime?
According to the relevant regulations, gambling by gathering people for profit should be filed for prosecution if it is suspected of one of the following circumstances: organizing gambling by more than three people, and the total profit from tapping is more than 5,000 yuan; Organizing three or more people to gamble, and the total amount of gambling funds is more than 50,000 yuan; Organizing more than three people to gamble, and the total number of participants is more than 20; Organizing more than ten China citizens to gamble abroad, and collecting kickbacks and referral fees from them; Other gambling groups should be investigated for criminal responsibility.
Second, what are the constitutive elements of gambling crime?
1, object elements: the object of this crime is 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.
2. Objective elements: This crime is objectively manifested as 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.
3. Subject elements: the subject of this crime is a 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.
4. Subjective elements: This crime is intentional subjectively and for 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.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 43 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Filing Criminal Cases under the Jurisdiction of Public Security Organs (I)
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.