Crime of opening a casino in 2023

1. 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;

2. Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than three 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 three years but not more than ten years, and shall also be fined.

I. Relevant legal provisions on sentencing for the crime of opening a casino

In order to punish online gambling crimes according to law, according to the Criminal Law of People's Republic of China (PRC), the Criminal Procedure Law of People's Republic of China (PRC), 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, and combined with judicial practice, we hereby put forward the following opinions on several issues concerning the application of laws in handling online gambling criminal cases:

1, on the conviction and sentencing standards of online casino crimes.

Using the Internet and mobile communication terminals to transmit gambling videos and materials and organize gambling activities is an act of "opening a casino" as stipulated in the second paragraph of Article 303 of the Criminal Law in any of the following circumstances:

(a) the establishment of gambling venues and accept 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.

The implementation of the acts specified in the preceding paragraph, under any of the following circumstances, shall be deemed as "serious circumstances" as stipulated in the second paragraph of Article 303 of the Criminal Law:

(a) the total profit of the leading enterprises reached more than 30,000 yuan;

(two) the amount of gambling funds reached more than 300 thousand yuan;

(3) The cumulative number of gamblers has reached more than 120;

(four) after the establishment of a gambling place, the illegal income is more than 30 thousand yuan by providing it to others to organize gambling;

(five) to participate in profit sharing in gambling places, and the amount of illegal income is more than 30 thousand yuan;

(6) Recruiting a subordinate agent for gambling sites, and the subordinate agent accepts bets;

(seven) to attract minors to participate in online gambling;

(eight) other serious circumstances.

2. Identification and punishment of online casinos and crimes.

Whoever knowingly provides the following services or assistance to a gambling place is an accomplice in the crime of opening a casino and shall be punished in accordance with the provisions of the second paragraph of Article 303 of the Criminal Law:

(a) to provide gambling sites with Internet access, server hosting, network storage space, communication transmission channels, advertising, membership development, software development, technical support and other services, and the service fee is more than 20,000 yuan;

(2) Providing fund payment and settlement services for gambling sites, charging service fees of more than 6,543,800 yuan or helping to collect gambling funds of more than 200,000 yuan;

(3) placing advertisements related to websites, odds and other information for gambling sites above 10, or placing advertisements for gambling sites above 100.

If the number or amount of acts specified in the preceding paragraph reaches more than five times the standard specified in the preceding paragraph, it shall be deemed as "serious circumstances" as stipulated in the second paragraph of Article 303 of the Criminal Law.

In any of the following circumstances, the perpetrator shall be deemed to be "aware" of the act specified in the first paragraph of this article, unless there is evidence to prove that he is unaware of it:

(a) after receiving the written notice from the administrative organ, the above acts are still carried out;

(2) Providing services such as Internet access, server hosting, network storage space, communication transmission channels, advertising, software development, technical support, fund payment and settlement for gambling sites, and charging service fees is obviously abnormal;

(3) Law enforcement officers intentionally destroy or modify materials and account books during the investigation, evade the investigation or tip off the suspect;

(4) Other evidence known to the actor.

If the criminal suspect who runs the casino has not yet arrived at the case, but it does not affect the determination of the criminal facts of the criminal suspect and defendant who have arrived at the case, the person who has arrived at the case may be convicted and punished according to law.

3. Identification of the number of participants in online gambling crimes, the amount of gambling funds and website agents.

The number of member accounts in gambling sites can be regarded as the number of gamblers. If it is verified that one account is used by multiple people or one person uses multiple accounts, the number of gamblers shall be calculated according to the actual number of users.

The amount of gambling money can be determined according to the number of points bet or won online multiplied by the actual amount represented by each point.

If the funds are directly or indirectly converted into virtual goods such as virtual currency and game props, and used as chips for betting, the amount of gambling funds shall be determined according to the amount of funds required for purchasing virtual goods or the amount of funds actually paid.

For the funds in the bank account used for receiving and circulating gambling funds in the crime of opening a casino, if the criminal suspect and the defendant cannot explain the legal source, they can be regarded as gambling funds. The number of bank accounts that transfer funds into and out of the bank account can be identified as the number of gamblers. If it is verified that one account is used by multiple people or one person uses multiple accounts, the number of gamblers shall be calculated according to the actual number of users.

If there is evidence to prove that the criminal suspect's account in gambling sites has a subordinate account, it shall be deemed as the agent of gambling sites.

4. Jurisdiction of online gambling crimes.

The regional jurisdiction of online gambling crime cases should adhere to the principle that the jurisdiction of the crime place is the main one and the jurisdiction of the defendant's residence is the auxiliary one.

"Crime sites" include the location of servers in gambling sites, the location of network access, the location of founders and managers of gambling sites, and the location of agents and gamblers in gambling sites for online gambling.

Disputes over the investigation and jurisdiction of cross-regional online gambling crimes by public security organs shall be settled through careful consultation on the principle of being conducive to finding out the facts of the crime and litigation. If negotiation fails, it shall be reported to the superior public security organ of the same company for designated jurisdiction. For major inter-provincial (autonomous regions and municipalities directly under the Central Government) online gambling cases to be investigated, the Ministry of Public Security, after consultation with the Supreme People's Court and the Supreme People's Procuratorate, may designate jurisdiction when necessary.

In order to ensure that the case is closed in time and avoid prolonged detention, the people's procuratorate may report to the people's procuratorate at a higher level and the people's court for designated jurisdiction according to law. If the criminal suspect, defendant and their defenders raise jurisdictional objections or the case-handling unit finds that they have no jurisdiction, the people's court shall not transfer them to the people's procuratorate or the people's court with jurisdiction on its own.

5. Collection and preservation of electronic evidence

The investigation organ shall extract, copy and fix electronic data such as web pages, online records, emails, electronic contracts, electronic transaction records and electronic account books that can prove the real situation of gambling crimes as criminal evidence.

Investigators shall make relevant written explanations on the process of extracting, copying and fixing electronic data, and record the cause of action, object, content, time, place, method, specification, category and file format of extracting, copying and fixing electronic data, which shall be signed or sealed by the producer or holder of extracting, copying and fixing electronic data and transferred with the case.

If the electronic data is stored on an overseas computer, or if the criminal suspect is not present when the investigation organ extracts the electronic data from the gambling place, or if the holder of the electronic data is unable to sign or refuses to sign, it shall be signed or sealed by a witness who can prove the extraction, copying and fixing process, and the relevant information shall be recorded. When necessary, you can take photos or videos of the process of extracting, copying and fixing relevant electronic data.

Notice of the Ministry of Public Security of the Supreme People's Procuratorate on Printing and Distributing the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs Article 43 [Gambling cases (Paragraph 1 of Article 303 of the Criminal Law)] Gambling is for the purpose of making profits, and if it is suspected of any of the following circumstances, it shall be filed for prosecution:

(1) Organizing three or more people to gamble, with a total profit of more than 5,000 yuan;

(2) Organizing three or more people to gamble, and the total amount of gambling funds is more than 50,000 yuan;

(3) Organizing three or more people to gamble, and the total number of gamblers is more than 20;

(4) Organizing more than ten China citizens to gamble abroad and collecting kickbacks and referral fees from them;

(five) other circumstances in which criminal responsibility should be investigated for gambling.

Gambling for the purpose of making profits shall be filed for prosecution.

Money used as a bet in gambling crimes, money exchanged for chips and money won through gambling belong to gambling funds. If a gambling crime is committed through the computer network, the number of points bet or won on the computer network can be multiplied by the actual amount represented by each point to determine the amount of gambling money.

Article 44 Whoever opens a casino shall file a case for prosecution.

Setting up a gambling sites on the computer network or accepting bets on behalf of gambling sites belongs to "opening a casino" as stipulated in this article.

II. Determination of the Crime of Opening a Casino * * *

Knowing that others use gambling machines to open casinos in any of the following circumstances, they shall be punished for the crime of opening casinos:

(1) Providing gambling machines, funds, venues, technical support and fund settlement services;

(2) Being employed to participate in the operation and management of casinos and sharing with them;

(3) Organizing tourists for casino operators and collecting kickbacks and handling fees;

(four) to participate in the management of casinos and receive high fixed wages;

(5) Providing other direct help.

Third, when is the best time to hire a lawyer for the crime of opening a casino?

As for criminal cases, many people wait until the trial to ask criminal lawyers to defend them, but in fact, criminal cases are divided into three stages: public security investigation stage, prosecution stage by procuratorate and court trial stage.

1. After being detained in criminal detention at the stage of public security investigation, the parties are unable to get in touch with the outside world. Only lawyers can meet with criminal suspects in the detention center, understand the situation of criminal suspects and provide necessary legal advice for criminal suspects.

2. Lawyers get a guarantor pending trial. In the procuratorial stage, lawyers can consult and copy the case file materials in the review stage, find out the evidence favorable to the criminal suspect from the case file materials, and form their own defense opinions. Lawyers can submit their defense opinions to the procuratorial organs, and strive for the procuratorial organs to make a decision not to prosecute.

3. Lawyers can communicate with judges at the stage of court decision, and strive for a lighter or innocent punishment for the parties according to the collected evidence and legal provisions.

legal ground

criminal law

Article 303 Whoever gathers people to gamble or gamble for the purpose of making profits 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 the crime of overseas gambling and organizes China people and China citizens to participate in gambling abroad, if the amount is huge or there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph.