How to convict individual online gambling how to convict online gambling < /strong>

The Chinese people * * * *, Article 33 of the State Criminal Law, for the purpose of making profits, anyone wh

How to convict individual online gambling how to convict online gambling < /strong>

The Chinese people * * * *, Article 33 of the State Criminal Law, for the purpose of making profits, anyone who gathers people to gamble or takes gambling as his profession shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined. < /p > Whoever opens a casino for the crime of opening 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. < /p > How people who participate in online gambling are convicted and sentenced depends on the circumstances

1. If they are detained in criminal detention, according to the provisions of the Criminal Procedure Law, only lawyers can go to the detention center to meet criminal suspects.

2. If conditions permit, close relatives can consider entrusting a lawyer to the detention center to meet the criminal suspect as soon as possible, so as to know the real situation and appease the criminal suspect's mood.

3. During the interview, the lawyer should make a preliminary judgment on the circumstances of the crime to see whether there is a crime or whether there is a lighter or mitigated circumstance such as surrender, meritorious service, accessory, attempt, etc., and provide legal aid in time to apply for bail pending trial.

The sentencing of gambling crime is mainly based on the parties' profit, the amount of gambling money, the number of gamblers, social harm and social influence. < /p > II. Relevant regulations: < /p > According to the Regulations 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, it is the same crime to provide the following services or assistance to gambling sites while knowing it. Penalties in accordance with the provisions of the crime of online gambling: < /p > 1. gambling sites, who provides services such as Internet access, server hosting, network storage space, communication transmission channels, advertising, membership development, software development, technical support, etc. for gambling sites, charges a service fee of more than 2, yuan; < /p > Second, providing fund payment and settlement services for gambling sites, charging service fees of more than 1, yuan, or helping to collect gambling funds of more than 2, yuan; < /p > Third, advertising websites, odds and other related information for more than 1 gambling sites or more than 1 advertisements for gambling sites. If the number of acts or the amount 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 33 of the Criminal Law. < /p > Whoever commits the act specified in the first paragraph of this article shall be deemed as "knowing" under any of the following circumstances, unless there is evidence to prove that the actor did not know: < /p > (1) Whoever commits the above-mentioned act after receiving a written notice from the relevant administrative organ; < /p > (2) Providing Internet access, server hosting, network storage and other services for gambling sites. Internet access, server hosting, network storage space, communication transmission channels, advertising, software development, technical support, financial payment and settlement services are obviously abnormal; < /p > (3) When law enforcement officers investigate and deal with it, they intentionally evade the investigation or tip off the criminal suspect by destroying or modifying materials and account books; < /p > (4) There is other evidence to prove that the actor knew it. If a criminal suspect who runs a casino has not yet arrived at the case, but it does not affect the criminal facts that have been identified in this case with the criminal suspect and defendant, the criminal facts that have been identified can be convicted and punished according to law.