According to the law, those who gather people to gamble or profit from gambling 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.
In the crime of suspected gambling, it is a very complicated problem to determine the amount of tapped profits, because the tapped person, as a participant in gambling, is subject to criminal or administrative investigation, and he admits that the larger the amount of gambling money, the more unfavorable it is. In practice, it is generally determined carefully in combination with the confessions and taps of gamblers, the testimony of other witnesses, the amount of gambling funds seized, the number and time of gambling and other factors.
It can be considered as the profit of the casino owner, because even without the confession of the defendant, the evidence is sufficient and true, and the defendant can be found guilty and punished. It is also legal to extract under the witness, and the law does not stipulate that it must be counted in front of the criminal suspect, so the amount of criminal proceeds can be determined according to the amount counted by the investigators.
How to identify illegal income
The means of obtaining illegal income is illegal. Illegal income is obtained by the actor through means prohibited by law, and it is this fundamental feature that distinguishes illegal income from the actor's personal legal property. Because the channels for obtaining illegal income are illegal, even if the actor actually occupies money or property, he can't obtain the legally recognized ownership, which is also the legal basis for recovering or returning illegal income. Illegal income has economic value. The fundamental purpose of the actor to obtain illegal income through various illegal means is to pursue the economic value of these properties, such as money, securities, cultural relics, houses and so on. It is precisely because of its economic value that it provides a measure for the identification of law enforcement departments.
Illegal gains are multiple and complicated. Illegal income includes both the property obtained by the perpetrator through criminal means and the property illegally obtained by the perpetrator after the judicial organ finds the suspect innocent. In addition, in judicial practice, illegal gains do not always exist alone. It is often mixed with money and stolen goods, personal property for criminal use, contraband and other property. Only by accurately distinguishing the relationship between the two can we grasp the scope of illegal income.
Illegal income can only be identified by a specific organ authorized by the state through certain procedures. The determination of illegal income is directly related to the maintenance of the victim's property rights and interests, to the accurate definition of the actor's legal property and illegal property, and to the division of labor of state organs and the justice of law enforcement. Therefore, illegal income must be identified by a specific organ through certain procedures. There are two specific organs here. First, administrative law enforcement organs impose administrative penalties on administrative counterparts in accordance with relevant administrative regulations; The second is the decision made by the judicial organs to recover or return illegal income in criminal cases according to law.
The recovery and disposal of illegal income shall be handled in accordance with the principle of "whoever is in charge shall be responsible". There are two main ways to generate illegal income. One is administrative punishment. The Administrative Punishment Law stipulates that "confiscation of illegal income" is one of the legal categories of administrative punishment and is a legal sanction for administrative offenders. One is the criminal way, which refers to the illegal gains identified and handled by the judicial organs in the process of criminal proceedings. Of course, in law enforcement activities, the two are not absolutely independent, but can be transformed into each other. Article 22 of the Administrative Punishment Law stipulates that if an illegal act constitutes a crime, the administrative organ must transfer the case to the judicial organ and investigate the criminal responsibility according to law. Article 142 of the Criminal Procedure Law stipulates that if the defendant who is sorry needs to be given administrative sanctions, administrative punishment or confiscation of illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant competent authorities for handling, and the relevant competent authorities shall promptly notify the people's procuratorate of the handling results.
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) stipulates that anyone who 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.
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 Article 1 Whoever, for the purpose of making profits, has one of the following circumstances belongs to "gathering people to gamble" as stipulated in Article 303 of the Criminal Law:
(1) Organizing three or more people to gamble, and the total profit from tapping has reached more than 5,000 yuan;
(2) Organizing three or more people to gamble, and the amount of gambling funds reaches more than 50,000 yuan;
(3) Organizing more than 3 people to gamble, and the total number of participants in gambling reaches more than 20;
(4) Organizing 10 China citizens to gamble abroad, and collecting kickbacks and referral fees from them.