Can I get bail pending trial if I am detained for gambling?

Legal analysis

1. Gambling is sentenced to administrative detention, which is an administrative punishment and cannot be released on bail pending trial. The term similar to bail pending trial in Chinese law is bail pending trial, which is a compulsory measure in criminal proceedings and cannot be applied to administrative cases. 2. If gambling is under criminal detention, the criminal suspect's family members or defense lawyers may apply for the case. Criminal detention on suspicion of gambling may be granted bail pending trial, but it shall meet one of the four circumstances stipulated in Article 67 of the Criminal Procedure Law of People's Republic of China (PRC):

(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;

(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;

(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;

(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.

legal ground

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.

Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five 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 five years but not more than ten years and shall also be fined.

Whoever organizes People's Republic of China (PRC) citizens to participate in gambling outside the country (territory), if the amount is huge or there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph.