The requirements for judging gambling are as follows:
1。 Objective elements of gambling crime
The crime of gambling is objectively manifested as the behavior of gathering people to gamble, opening casinos or taking gambling as a profession.
2。 Object element
The object of infringement 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.
3。 The main elements of gambling crime
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 gambling crime.
4。 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, open casinos or often participate in gambling for the purpose of obtaining money, not for recreation and entertainment.
What are the constitutive elements of the crime of opening a casino?
1, object element. The object of the crime of opening a casino is the normal social management order;
2. objective factors. The crime of opening a casino is objectively manifested as the act of gathering people to gamble, taking gambling as a profession, opening and operating a casino;
3. Main elements. The subject of the crime of opening a casino 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 the crime of opening a casino;
4. Subjective factors. The crime of opening a casino is subjective and intentional, and it is for profit.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 303 of the Criminal Law of People's Republic of China (PRC).
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.
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.