1, gambling detention can be released on bail pending trial as appropriate:
(1) Gambling administrative detention is an administrative punishment and cannot be released on bail pending trial;
(2) If a criminal is detained for gambling, the criminal suspect's family members or defense lawyers may apply for handling the case.
2. Legal basis: Article 67 of the Criminal Procedure Law of People's Republic of China (PRC).
Conditions and enforcement of obtaining a guarantor pending trial People's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(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.
Bail pending trial shall be executed by the public security organ.
Second, what are the constitutive elements of gambling crime?
The constitutive elements of gambling crime are as follows:
1, the object of infringement is socialist social fashion;
2. Objectively speaking, it is an act of gathering people to gamble or taking gambling as a profession;
3. The subject is a general subject, which can be composed of any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility;
4. Subjectively, it is intentional, for the purpose of making profits.