How does the law stipulate the punishment for gambling?

Legal analysis:

How to deal with illegal slot machines? Slot machines are also gambling machines. Regarding the conviction and punishment standards for opening gambling machine casinos, those who set up gambling machines to organize gambling activities shall be convicted and punished according to the crime of opening casinos stipulated in the second paragraph of Article 303 of the Criminal Law: 1 Set up more than one gambling machine 10; 2. Set up more than 2 gambling machines; (3) Set up more than 2 gambling machines near primary and secondary schools; (4) Having set up more than five gambling machines within two years after receiving administrative punishment for setting up gambling machines; (5) Having set up more than five gambling machines within five years after being criminally punished for gambling and opening casinos; (nine) set up more than five gambling machines within five years after criminal punishment. 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. Once the casino is officially opened and actually used by some people, it is deemed that this crime has been accomplished, regardless of whether the founder actually makes a profit. If the casino owner participates in gambling on his own and engages in gambling, he may consider merging this crime with gambling crime. The main ways are as follows: first, for the purpose of making profits, taking the actor as the center and setting up, contracting and leasing places dedicated to gambling under the control of the actor. Providing gambling equipment for others to gamble, whether the place is open or not does not affect the constitution of the crime. Second, for the purpose of making profits, set up gambling sites on the computer network, or accept bets on behalf of gambling sites. Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Gambling Criminal Cases 20055 13 1. For the purpose of making profits, one of the following circumstances belongs to "gathering gambling" as stipulated in Article 303 of the Criminal Law: one organization gambles with more than three people, and two organizations gamble with more than three people, and the accumulated profit is more than 5,000 yuan. There are 3 organizations with a total gambling capital of more than 50,000 yuan and more than 3 people gambling, 4 organizations with a total gambling participation of more than 20 people * * * and China citizens 10. They gamble abroad and collect kickbacks and referral fees from them.

2. For the purpose of making profits, establishing a gambling sites on the computer network or accepting bets on behalf of gambling sites belongs to "opening a casino" as stipulated in Article 303 of the Criminal Law.

3. If China citizens gather to gamble and set up casinos in the surrounding areas outside China to attract China and China citizens as the main tourists, which constitutes a crime of gambling, they may be investigated for criminal responsibility in accordance with the provisions of the Criminal Law.

4. Whoever knowingly provides funds, computer networks, communications, expense settlement and other direct assistance to others shall be punished as a gambling crime.

5. Whoever commits the crime of gambling shall be given a heavier punishment in accordance with Article 303 of the Criminal Law: 1. Having the status of a state functionary. Organizing national staff to gamble abroad; Organizing minors to participate in gambling, or opening casinos to attract minors to participate in gambling.

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. 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. 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.

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 70 Whoever, for the purpose of making profits, provides conditions for gambling or participates in gambling in a large amount shall be detained for not more than five days or fined not more than 500 yuan; If the circumstances are serious, they shall be detained for more than 10 and less than 15, and fined for more than 3,000 yuan in 500 yuan.

Article 76 Whoever commits any of the acts listed in Articles 67, 68 and 70 of this Law and refuses to change after education may take compulsory education measures in accordance with state regulations.