First, the sentencing standards for writing the gambling crime code
Suspected of gambling. Generally less than three years.
Second, the criteria for filing gambling crimes.
In order to punish gambling criminal activities according to law, according to the relevant provisions of the Criminal Law, some issues concerning the specific application of law in handling gambling criminal cases are explained as follows:
first
For the purpose of making profits, one of the following circumstances belongs to "gathering gambling" as stipulated in Article 303rd of the Criminal Law:
(1) organizing gambling with more than 3 people, and the total profit from tapping reaches 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.
Third, the constitutive elements of gambling crime
1, the object of this crime is social management order and social fashion. Gambling not only endangers social order, affects work, production and life, but also often induces other crimes, which is very harmful to society and must be severely cracked down.
2. Objectively speaking, it is the behavior of gathering people to gamble, opening casinos or taking gambling as a profession. "3, the subject of crime is the general subject.
4. Subjectively, it is intentional and has a profit-making purpose.
Legal basis:
Criminal law of the people's Republic of China
Article 303 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.