1, organized gambling for more than 3 people, and the total profit from tapping reached more than 5,000 yuan.
2, the organization of more than 3 people gambling, gambling funds accumulated to more than 50 thousand yuan.
3. Organizing more than 3 people to gamble, and the total number of gambling participants reaches more than 20.
4. Organize 10 China citizens to gamble overseas, and collect kickbacks and referral fees from them.
Gambling is punishable by at least six months' imprisonment.
Legal basis:
Article 303 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. 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.
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
Article 1 Whoever, for the purpose of making profits, has one of the following circumstances belongs to "gambling in groups" as stipulated in Article 303 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.
Extended data:
There are three kinds of behaviors that constitute gambling crimes:
(a) gambling, that is, providing casinos and gambling tools for gambling activities, organizing and attracting others to participate in gambling, and I profit from it. When gambling in groups, some actors participate in gambling by themselves, while others do not, but they all belong to gambling in groups;
(2) To open a casino is to provide a place for gambling, set up gambling methods, and provide gambling tools, chips and funds for profit. Organizing gambling;
(3) Gambling is a business, that is, gambling is a formal business, and gambling income is the main source of life or profligacy. As long as it is for the purpose of making profits, one of the above-mentioned acts of gathering people to gamble, opening casinos or taking gambling as a business constitutes a gambling crime. Whoever commits the crime of gambling shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also be fined.
In the implementation, we should pay attention to distinguish between gambling crimes and general gambling violations. When determining the crime of gambling, the actor subjectively aims at making profits, and objectively has the behavior of gathering people to gamble, opening casinos or taking gambling as a business. Both conditions must be met at the same time. For those who have participated in gambling for many times, but do not take gambling as their main source of livelihood or are extravagant, or have provided places and gambling tools. , but did not profit from it, generally should not be treated as a crime, can be punished according to law.
Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law