Casino usurer was convicted and sentenced for gambling. There are three sentencing standards:
1. Whoever gathers people to gamble or makes profits by gambling shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.
2. 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;
3. 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.
Lending usury in casinos is for the purpose of making profits and subsidizing gambling, which is suspected of gambling. There is no direct legal limit on the amount, but it can be determined by referring to relevant judicial interpretations.
According to the provisions of the Gambling Crime Law, gambling crime refers to the behavior of gathering people to gamble or gambling for the purpose of making profits. Its main features are:
(a) the actor must objectively have gambling or gambling as a profession;
(2) Subjectively, it must be for the benefit.
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 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.
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 Code 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.
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.
Article 4 of the Interpretation 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.
Knowing that others provide direct help such as funds, computer networks, communications, and expense settlement. Whoever commits a gambling crime shall be punished as a * * * criminal of gambling crime.
Article 25 of the Criminal Law
* * * The same crime refers to intentional crime committed by two or more persons.
If two or more people commit a negligent crime, they shall not be punished as negligent crimes; Those who should bear criminal responsibility should be punished according to the crimes they committed.