First, the illegal boundary of gambling crime
1. Motivation and purpose of gambling.
The constitution of gambling crime requires the actor to be subjective and intentional, with the purpose of obtaining money. If the actor is not for profit, it is only for entertainment, boredom, contact feelings and so on. The crime of gambling cannot be established. However, it should be noted that the perpetrator can establish this crime as long as the purpose is to obtain money, and whether he actually obtains money does not affect the composition of this crime.
2. The amount of gambling involved and the number of gambling.
Some relatives, friends and neighbors occasionally gamble, winning and losing, but not much; Some people often gamble together, but the amount involved is very small, and gamblers do not take gambling income as their main source of livelihood or extravagance. This can be given administrative treatment such as public security punishment according to the circumstances, but it should not be considered as a crime.
3. Actors are gamblers, gamblers, casino owners or ordinary gamblers.
Gamblers refer to people who gather to gamble, that is, they provide casinos and gambling tools for gambling, organize and attract others to participate in gambling, and I profit from it. Gamblers may or may not take part in gambling, and they may be one person or many people. A gambler is a gambler, that is, gambling income is the main source of his life or luxury. Some people in The Gambler don't have proper jobs and specialize in gambling. Some have jobs, mainly engaged in gambling; Some have legitimate jobs, but gambling is a part-time job, and the amount of gambling wins or losses greatly exceeds the amount of their legitimate income. Casino owners refer to people who open casinos, that is, people who provide places for gambling, set gambling methods, provide gambling tools, chips and funds, and organize gambling for profit. These three kinds of people should be investigated for criminal responsibility for gambling crimes, but for ordinary gamblers, they can be criticized and educated. If the circumstances are serious, they can also be given public security punishment according to the circumstances, but they cannot be investigated for criminal responsibility.
4. The identity of gamblers and the relationship between gamblers.
If the gamblers are relatives, friends, colleagues, neighbors, villagers and other acquaintances, or some elderly people, it is generally not appropriate to treat them as crimes. Unless the amount involved in gambling is very large, gambling is often held, which seriously violates the social management order and social fashion.
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.
Article 1 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.
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.