1 thought on “What is the content of the crime of opening a casino in Guangdong Province?”
Genevieve
Gambling, this definition is that some people rely on gambling to make a living and rely on gambling for profit. This behavior is illegal. In real life, we often see some Mahjong pavilions playing mahjong, and they are also gambling. Many people doubt that this is also gambling. Doesn't it constitute a crime, why is it still fighting? So about these issues, today I will explain to you about the crime of opening a casino in Guangdong Province. I. Crime Criminal Criminal Criminal Criminal Crime Crimes Harmly Harm Public Security and Destroy the Economic Order Crime to violate the right to infringe on property. Open a casino to attract others to gambling to make a profit. The crime of opening a casino seriously endangers the order of social management and will be punished by criminal punishment. Article 303 of the Criminal Law, for the purpose of profit, gathers crowds or gambling as a industry, and shall be sentenced to imprisonment, detention or control, and fined fines for less than three years. If a casino is opened, it will be sentenced to imprisonment, detention or control, and a fine; if the circumstances are serious, the case will be sentenced to three years and less than ten years. "Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security u003COpinions on the applicable legal issues of the application of online gambling crime cases" (August 31, 2010 Public Charity [2010] No. 40) is to punish online gambling crimes in accordance with the law. According to the "Interpretation of Criminal Law of the People's Republic of China", "Criminal Procedure Law of the People's Republic of China" and "Supreme People's Court, Supreme People's Procuratorate on Specific Issues of Criminal Cases of Gambling Criminal Cases," and other relevant provisions, combined with judicial practice Several issues of laws of gambling crime cases apply for laws, and put forward the following opinions: Criminal quantification standards for opening casino crimes on the Internet use the Internet and mobile communication terminals to transmit gambling videos and data, and organize gambling activities. The "opening casino" behavior stipulated in Article 23 paragraph 2: (1) Establishing gambling websites and accepting betting; (2) Establishing gambling websites and providing gambling for others; (3) Betting; (4) Participating in the profit of the gambling website. If the behavior stipulated in the preceding paragraph has one of the following circumstances, it shall be identified as the "serious circumstances" specified in Article 3003 of the Criminal Law: (1) the cumulative amount of the tap fishery profits reached more than 30,000 yuan; (2 ) If the amount of gambling funds has reached more than 300,000 yuan; (3) the total number of gambling people reaches more than 120; (4) After establishing a gambling website, it will organize gambling to others after establishing a gambling website. ) Participate in the profit sharing of the gambling website, if the amount of illegal income is more than 30,000 yuan; (6) recruiting lower -level agents for gambling websites, who will accept betting by the lower agent; (7) recruiting minors participating in online gambling; Severe circumstances. The identification and punishment on the joint crime of opening a casino knows that it is a gambling website, and those who provide the following services or help are a joint crime of opening a casino. ) Provide Internet access, server hosting, network storage space, communication transmission channels, advertising, development members, software development, technical support and other services for gambling websites, and collect the service fee of more than 20,000 yuan; (2) Gambling for gambling The website provides fund payment settlement services, and the amount of service fee is over 10,000 yuan or helps to collect more than 200,000 yuan in gambling funds; (3) advertisements related to information such as more than 10 gambling websites or websites or gambling websites related to the website, odds, etc. A total of 100 advertisements have been put on advertisements. If the number or quantity of the behavior stipulated in the preceding paragraph reaches the standard of more than 5 times the standard, it shall be identified as the "serious plot" specified in Article 3003 of the Criminal Law. If one of the following acts stipulated in the first paragraph of this article, one of the following circumstances shall be determined that the perpetrator "knows", but except for evidence that it does not know: (1) After receiving the written and other methods of administrative authority, Those who implement the above behavior; (2) provide services such as Internet access, server hosting, network storage space, communication transmission channels, advertising, software development, technical support, fund payment settlement and other services for gambling websites, and obvious service fees; 3) During the investigation of law enforcement officers, deliberately evading the investigation through the method of destruction, modification of data, ledger, etc. or ventilating a letter to the suspect; If a criminal suspect who opened a casino has not yet arrived, but does not affect the criminal facts of the criminal suspects and defendants who have arrived in the case, they may be convicted and punished in accordance with the law. The number of gamblers, the amount of gambling funds and the website agent of the gambling websites on the number of gambling crimes on the Internet gambling can be identified as the number of gamblers. Calculate the number of gamblers. The amount of gambling funds can be determined according to the amount of points that are bet or won on the Internet. For virtual items such as virtual currencies, game props and other virtual items such as virtual currency, game props, and using it as a bargaining chip, the amount of money is determined according to the amount required to purchase the virtual item or the actual payment of funds. For the funds in the bank accounts that are used for receiving and circulating gambling funds in a casino crime, criminal suspects and defendants cannot explain the legal source, and they may be identified as gambling. The number of bank accounts that transfer to the bank account and transfer funds can be identified as gamblers. If one account is used by multiple people or one person, the number of gamblers should be calculated according to the actual number of people used. If evidence has proved that the suspect's account setting on the gambling website has a subordinate account, it shall be determined that it is an agent for gambling websites. Regarding the regional jurisdiction of the jurisdiction of cyber gambling crime cases on cyber gambling crimes, the principles of focusing on the jurisdiction of criminal land and supplemented by the defendant's place of residence should be adhered to. The "criminal land" includes the location of the gambling website server, the network access place, the location of the gambling website, the location of the gambling website, and the gambling website agent, and the gambling person to implement online gambling behavior. If the public security organs are controversial about the jurisdiction of the investigation of cross -regional gambling crime cases, they should conscientiously negotiate and resolve the principles that are conducive to investigating the facts of criminal facts and conducive to litigation. If the negotiation cannot be reached an agreement, it is reported to the joint jurisdiction of the joint public security organs. For major online gambling cases of cross -provinces (autonomous regions, municipalities), which are about to be investigated, the Supreme People's Court of the Ministry of Public Security and Supreme People's Procuratorate may be designated if necessary. In order to ensure timely cases and avoid oversupply, the People's Procuratorate asked the public security organs to review the arrest, transfer to the review and prosecution, and the people's court had a case of criminal suspects, defendants and defender who had entered the trial procedure. If there is no jurisdiction, the people's procuratorate and the people's court may report to the people's procuratorate and the people's court to designate jurisdictions in accordance with the law, and no longer transfer to the people's procuratorate and the people's court with their jurisdictions. 5. The collection and preservation investigating agency of electronic evidence. For electronic data such as website pages, Internet records, e -mail, electronic contract records, electronic account books, etc. on the real situation of the real situation of gambling crime cases, ,fixed. Investigators should produce relevant text descriptions on the process of extraction, replication, and fixed electronic data. The record cases, objects, content, and extraction, replication, fixed time, place, method, electronic data specifications, categories, file formats, etc., and by the reason for the electronic data, etc. The producer of extraction, replication, and fixed electronic data signed or stamped with electronic data holders, and the extraction, replication, and fixed electronic data are transferred with the case. For electronic data stored on a computer overseas, or if the investigation organs have not arrived in the case when the investigating organ extracts electronic data from the gambling website, or the holder of the electronic data cannot sign or refuse to sign , The witness signature or seal of the fixed process is to remember the relevant situation. If necessary, take pictures or videos of the process of extraction, replication, and fixed electronic data. "Notice of the Ministry of Public Security of the Public Security of the Supreme People's Procuratorate on the Public Security Department of the Public Security Department of the Public Security of the Public Security Organs (1)" Public Story of Public Security (1) [2008] No. 43 [2008] Article 33 of the Criminal Law)] For the purpose of profit, gamble gambling, if they are suspected of one of the following situations, they should be prosecuted for the case: (1) Organize more than three or more gambling. (2) Organize more than three gambling, and the amount of gambling funds has accumulated more than 50,000 yuan; (3) Organize more than three gambling gambling, and the total number of gambling people is more than 20 or more; Gambling, collecting rebates and introduction fees; (5) Other gambling gambling should be held criminally responsible. For the purpose of profit, if gambling as the industry, a case should be chased. The gambling crime is used for bets, the money for chips, and the types of objects won by gambling are gambling. Those who implement gambling crimes through the computer network, the amount of gambling funds can be determined according to the amount of points that are bet or won on the computer network. Article 44 [Casino case (Article 303 of the Criminal Law) opens a casino, and a casino shall be provided for prosecution. Establishing gambling websites on the computer network, or acting as an agent for gambling websites, accepts betting, belongs to the "opening casino" stipulated in this article. The crime of opening a casino in Guangdong Province and the opening of a casino are the place where the gambling people are criminal, so it is also a criminal act, and my country's law also specifically stipulates this crime. Generally, a casino will be opened. If the circumstances are relatively mild, the control detention and fine.
Gambling, this definition is that some people rely on gambling to make a living and rely on gambling for profit. This behavior is illegal. In real life, we often see some Mahjong pavilions playing mahjong, and they are also gambling. Many people doubt that this is also gambling. Doesn't it constitute a crime, why is it still fighting? So about these issues, today I will explain to you about the crime of opening a casino in Guangdong Province. I. Crime Criminal Criminal Criminal Criminal Crime Crimes Harmly Harm Public Security and Destroy the Economic Order Crime to violate the right to infringe on property. Open a casino to attract others to gambling to make a profit. The crime of opening a casino seriously endangers the order of social management and will be punished by criminal punishment. Article 303 of the Criminal Law, for the purpose of profit, gathers crowds or gambling as a industry, and shall be sentenced to imprisonment, detention or control, and fined fines for less than three years. If a casino is opened, it will be sentenced to imprisonment, detention or control, and a fine; if the circumstances are serious, the case will be sentenced to three years and less than ten years. "Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security u003COpinions on the applicable legal issues of the application of online gambling crime cases" (August 31, 2010 Public Charity [2010] No. 40) is to punish online gambling crimes in accordance with the law. According to the "Interpretation of Criminal Law of the People's Republic of China", "Criminal Procedure Law of the People's Republic of China" and "Supreme People's Court, Supreme People's Procuratorate on Specific Issues of Criminal Cases of Gambling Criminal Cases," and other relevant provisions, combined with judicial practice Several issues of laws of gambling crime cases apply for laws, and put forward the following opinions: Criminal quantification standards for opening casino crimes on the Internet use the Internet and mobile communication terminals to transmit gambling videos and data, and organize gambling activities. The "opening casino" behavior stipulated in Article 23 paragraph 2: (1) Establishing gambling websites and accepting betting; (2) Establishing gambling websites and providing gambling for others; (3) Betting; (4) Participating in the profit of the gambling website. If the behavior stipulated in the preceding paragraph has one of the following circumstances, it shall be identified as the "serious circumstances" specified in Article 3003 of the Criminal Law: (1) the cumulative amount of the tap fishery profits reached more than 30,000 yuan; (2 ) If the amount of gambling funds has reached more than 300,000 yuan; (3) the total number of gambling people reaches more than 120; (4) After establishing a gambling website, it will organize gambling to others after establishing a gambling website. ) Participate in the profit sharing of the gambling website, if the amount of illegal income is more than 30,000 yuan; (6) recruiting lower -level agents for gambling websites, who will accept betting by the lower agent; (7) recruiting minors participating in online gambling; Severe circumstances. The identification and punishment on the joint crime of opening a casino knows that it is a gambling website, and those who provide the following services or help are a joint crime of opening a casino. ) Provide Internet access, server hosting, network storage space, communication transmission channels, advertising, development members, software development, technical support and other services for gambling websites, and collect the service fee of more than 20,000 yuan; (2) Gambling for gambling The website provides fund payment settlement services, and the amount of service fee is over 10,000 yuan or helps to collect more than 200,000 yuan in gambling funds; (3) advertisements related to information such as more than 10 gambling websites or websites or gambling websites related to the website, odds, etc. A total of 100 advertisements have been put on advertisements. If the number or quantity of the behavior stipulated in the preceding paragraph reaches the standard of more than 5 times the standard, it shall be identified as the "serious plot" specified in Article 3003 of the Criminal Law. If one of the following acts stipulated in the first paragraph of this article, one of the following circumstances shall be determined that the perpetrator "knows", but except for evidence that it does not know: (1) After receiving the written and other methods of administrative authority, Those who implement the above behavior; (2) provide services such as Internet access, server hosting, network storage space, communication transmission channels, advertising, software development, technical support, fund payment settlement and other services for gambling websites, and obvious service fees; 3) During the investigation of law enforcement officers, deliberately evading the investigation through the method of destruction, modification of data, ledger, etc. or ventilating a letter to the suspect; If a criminal suspect who opened a casino has not yet arrived, but does not affect the criminal facts of the criminal suspects and defendants who have arrived in the case, they may be convicted and punished in accordance with the law. The number of gamblers, the amount of gambling funds and the website agent of the gambling websites on the number of gambling crimes on the Internet gambling can be identified as the number of gamblers. Calculate the number of gamblers. The amount of gambling funds can be determined according to the amount of points that are bet or won on the Internet. For virtual items such as virtual currencies, game props and other virtual items such as virtual currency, game props, and using it as a bargaining chip, the amount of money is determined according to the amount required to purchase the virtual item or the actual payment of funds. For the funds in the bank accounts that are used for receiving and circulating gambling funds in a casino crime, criminal suspects and defendants cannot explain the legal source, and they may be identified as gambling. The number of bank accounts that transfer to the bank account and transfer funds can be identified as gamblers. If one account is used by multiple people or one person, the number of gamblers should be calculated according to the actual number of people used. If evidence has proved that the suspect's account setting on the gambling website has a subordinate account, it shall be determined that it is an agent for gambling websites. Regarding the regional jurisdiction of the jurisdiction of cyber gambling crime cases on cyber gambling crimes, the principles of focusing on the jurisdiction of criminal land and supplemented by the defendant's place of residence should be adhered to. The "criminal land" includes the location of the gambling website server, the network access place, the location of the gambling website, the location of the gambling website, and the gambling website agent, and the gambling person to implement online gambling behavior. If the public security organs are controversial about the jurisdiction of the investigation of cross -regional gambling crime cases, they should conscientiously negotiate and resolve the principles that are conducive to investigating the facts of criminal facts and conducive to litigation. If the negotiation cannot be reached an agreement, it is reported to the joint jurisdiction of the joint public security organs. For major online gambling cases of cross -provinces (autonomous regions, municipalities), which are about to be investigated, the Supreme People's Court of the Ministry of Public Security and Supreme People's Procuratorate may be designated if necessary. In order to ensure timely cases and avoid oversupply, the People's Procuratorate asked the public security organs to review the arrest, transfer to the review and prosecution, and the people's court had a case of criminal suspects, defendants and defender who had entered the trial procedure. If there is no jurisdiction, the people's procuratorate and the people's court may report to the people's procuratorate and the people's court to designate jurisdictions in accordance with the law, and no longer transfer to the people's procuratorate and the people's court with their jurisdictions. 5. The collection and preservation investigating agency of electronic evidence. For electronic data such as website pages, Internet records, e -mail, electronic contract records, electronic account books, etc. on the real situation of the real situation of gambling crime cases, ,fixed. Investigators should produce relevant text descriptions on the process of extraction, replication, and fixed electronic data. The record cases, objects, content, and extraction, replication, fixed time, place, method, electronic data specifications, categories, file formats, etc., and by the reason for the electronic data, etc. The producer of extraction, replication, and fixed electronic data signed or stamped with electronic data holders, and the extraction, replication, and fixed electronic data are transferred with the case. For electronic data stored on a computer overseas, or if the investigation organs have not arrived in the case when the investigating organ extracts electronic data from the gambling website, or the holder of the electronic data cannot sign or refuse to sign , The witness signature or seal of the fixed process is to remember the relevant situation. If necessary, take pictures or videos of the process of extraction, replication, and fixed electronic data. "Notice of the Ministry of Public Security of the Public Security of the Supreme People's Procuratorate on the Public Security Department of the Public Security Department of the Public Security of the Public Security Organs (1)" Public Story of Public Security (1) [2008] No. 43 [2008] Article 33 of the Criminal Law)] For the purpose of profit, gamble gambling, if they are suspected of one of the following situations, they should be prosecuted for the case: (1) Organize more than three or more gambling. (2) Organize more than three gambling, and the amount of gambling funds has accumulated more than 50,000 yuan; (3) Organize more than three gambling gambling, and the total number of gambling people is more than 20 or more; Gambling, collecting rebates and introduction fees; (5) Other gambling gambling should be held criminally responsible. For the purpose of profit, if gambling as the industry, a case should be chased. The gambling crime is used for bets, the money for chips, and the types of objects won by gambling are gambling. Those who implement gambling crimes through the computer network, the amount of gambling funds can be determined according to the amount of points that are bet or won on the computer network. Article 44 [Casino case (Article 303 of the Criminal Law) opens a casino, and a casino shall be provided for prosecution. Establishing gambling websites on the computer network, or acting as an agent for gambling websites, accepts betting, belongs to the "opening casino" stipulated in this article. The crime of opening a casino in Guangdong Province and the opening of a casino are the place where the gambling people are criminal, so it is also a criminal act, and my country's law also specifically stipulates this crime. Generally, a casino will be opened. If the circumstances are relatively mild, the control detention and fine.