Whoever gathers for gambling or uses gambling as a business for the purpose of profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or 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 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 and not more than 10 years, and shall also be fined.
Anyone who commits the crime of gambling and falls under any of the following circumstances shall be severely punished in accordance with the provisions of Article 303 of the Criminal Law:
(1) Having the status of a state employee;
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(2) Organizing state staff to gamble overseas;
(3) Organizing minors to participate in gambling, or opening casinos to attract minors to participate in gambling.
If a state employee offers or accepts bribes in the form of gambling or providing funds for gambling, which constitutes a crime, he shall be convicted and punished in accordance with the provisions of the Criminal Law on the crime of accepting bribes.
2. What are the criteria for filing a crime of gathering a crowd to gamble?
Article 1 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Gambling Cases" stipulates: "Anyone with the purpose of profit and one of the following circumstances falls under the third category of the Criminal Law "Gathering gambling" as stipulated in Article 103: (1) Organizing three or more people to gamble, and the accumulated profit amount is more than 5,000 yuan; (2) Organizing three or more people to gamble, and the accumulated gambling amount is more than 5,000 yuan. More than 50,000 yuan;
(3) Organizing more than 3 people to gamble, and the total number of gambling participants is more than 20 people;
(4) Organizing people from the People’s Republic of China to gamble overseas , receiving kickbacks from them;
(4) Organizing people of the People’s Republic of China to gamble overseas and receiving kickbacks from them to gamble overseas, and accepting kickbacks or referral fees from them."
The filing standards for the crime of gathering people to gamble are as follows:
1. Those who do it for the purpose of profit and meet any of the following circumstances fall under the category of "gathering people to gamble" as stipulated in Article 303 of the Criminal Law :
(1) Organize three or more people to gamble, and the cumulative amount of the jackpot is more than 5,000 yuan;
(2) Organize three or more people to gamble, and the cumulative jackpot amount is more than 50,000 yuan Above;
(3) Organizing more than 3 people to gamble, and the total number of gambling participants reaches more than 20 people;
(4) Organizing 10 people of the People’s Republic of China and citizens of the country People go overseas to gamble and receive kickbacks and referral fees.
2. Chinese citizens gather in groups to gamble and open casinos in surrounding areas overseas to attract Chinese people and their own citizens as the main source of customers. If this constitutes a gambling crime, criminal liability may be pursued in accordance with the provisions of the criminal law.
The act of gathering people to gamble does not necessarily constitute the crime of gambling. The relevant judicial interpretations of our country stipulate the filing standards for this crime. If the prescribed standards are not met, it can only be punished as a general illegal act. After it is determined that the crime of gathering a crowd to gamble is constituted, how to specifically pursue criminal liability requires comprehensive consideration of the actual circumstances of the crime, the amount of gambling funds and other factors.