Is gambling illegal?

Gambling is illegal. It is not a crime, and gamblers are generally punished for public security management. Gambling does not require the actor to actually make a profit, as long as it has the subjective purpose of obtaining money, making a profit, providing conditions for gambling or participating in gambling with a large amount, it is illegal. Detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, they shall be detained for more than 10 and less than 15, and fined for more than 3,000 yuan in 500 yuan. If the circumstances are serious enough to require criminal punishment, it constitutes a crime of gambling.

Acts that constitute the crime of gambling include:

1, 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, opening a casino, that is, for the purpose of making profits, providing places for gambling, setting gambling methods, providing gambling tools, chips, funds and other organized gambling behaviors;

3. Take gambling as a business, that is, take gambling as a regular business, take gambling income as the main source of life or be extravagant. 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;

4, 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.

Legal basis: Article 70 of People's Republic of China (PRC) Public Security Administration Punishment Law.

For the purpose of making profits, provide conditions for gambling, or participate in gambling in a large amount, be detained for less than 5 days or fined for less than 500 yuan;

If the circumstances are serious, they shall be detained for more than 10 and less than 15, and fined for more than 3,000 yuan in 500 yuan.