1. What is the crime of online gambling?
1, online gambling is a gambling crime, and it is a criminal offence if it meets the statutory conditions for filing a criminal case. Details are as follows:
(1) 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 three years, criminal detention or public surveillance, and shall also be fined;
(2) 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.
2. Legal basis: Article 303rd 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.
Crime of opening a casino Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or control, 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 the crime of overseas gambling and organizes China people and China citizens to participate in gambling abroad, if the amount is huge or there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph.
Second, how to convict and sentence people who participate in online gambling?
1. If you have been in criminal detention, according to the provisions of the Criminal Procedure Law, only lawyers can go to the detention center to meet the criminal suspect;
2. Close relatives can consider entrusting a lawyer to the detention center to meet the criminal suspect as soon as possible if conditions permit, to understand the most true story and appease the mood of the criminal suspect;
3. After the meeting, the lawyer made a preliminary judgment on the circumstances of the crime to see if there were any lighter or mitigated punishment circumstances such as surrender, meritorious service, accessory, attempted crime, etc. And provide legal assistance and apply for bail pending trial in time.
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.
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 Anyone who commits any of the acts listed in Articles 67, 68 and 70 of this Law and refuses to reform through education may take compulsory education measures in accordance with state regulations.