The statutory penalty for the crime of extended information gambling is fixed-term imprisonment of not more than three years, criminal detention or control, and a fine. In addition to subjective intention, this crime should also have a profit-making purpose. If there is no profit-making purpose, it does not constitute a gambling crime. If it is not for profit, but for a while to participate in gambling and gather people to gamble, the crime of gambling is not established.
According to Article 303 of the Criminal Law of People's Republic of China (PRC), anyone who gathers people to gamble or takes gambling as his profession 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 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 1 of the Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Gambling Criminal Cases stipulates that: for the purpose of making profits, one of the following circumstances belongs to "gathering gambling" as stipulated in Article 303 of the Criminal Law: (1) organizing gambling with more than three 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. Article 2 For the purpose of making profits, opening a gambling sites on the computer network, or accepting bets on behalf of gambling sites, belongs to "opening a casino" as stipulated in Article 303 of the Criminal Law.
The Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security's Opinions on Several Issues Concerning the Application of Laws in Handling Online Gambling Crimes stipulate that using the Internet, mobile communication terminals, etc. to transmit gambling videos and materials and organize gambling activities belongs to the act of "opening a casino" as stipulated in the second paragraph of Article 303 of the Criminal Law: (1) setting up a gambling place and accepting bets; (two) to set up a gambling place and provide it to others to organize gambling; (3) Acting as an agent for gambling establishments and accepting bets; (4) Profit sharing in gambling places.