It's just doing a simple job, why was he arrested in the detention center? My client found a job in a mahjong parlor through an acquaintance, 300 a day, but I didn't expect to be arrested in less than a month on suspicion of opening a casino. Some people are convicted of opening casinos, and some people have nothing to do, what is going on? Today, lawyer Le Shengqun will share with you several key points of the crime of opening a casino, and you will understand. 1. Collecting table fees and box fees for making a profit is a normal income and generally does not constitute a crime. However, the owner of the mahjong parlor or chess and card room organizes more than three people to gamble, and there is a behavior of taking profits, and the amount reaches more than 5,000 yuan or the total gambling money is more than 50,000 yuan or the total number of gambling participants is more than 20 people, and the main factor affecting the conviction and sentencing is not the simple cumulative amount of gambling funds or the amount of profit, but the identity, role and participation in the opening of the casino, such as whether the boss is still watching the game or issuing cards and pumping or watching the wind, because opening a casino is an accomplice case. The determination of the identity of the principal and subordinate parties of the parties is to determine the sentencing.
Add ** note, no more than 140 words (optional) Article 303 of the Criminal Law of the People's Republic of China who, for the purpose of making profits, gathers a crowd to gamble or uses gambling as a business, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and a concurrent fine. where a casino is opened, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and a concurrent fine; where the circumstances are serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. Explanation of some technical terms in the article: The so-called crowd gambling refers to organizing and attracting many people to gamble and profit from it. This kind of person is commonly known as "gambling head", and the gambling head himself does not necessarily participate in gambling directly. The so-called gambling as a business refers to the habit of gambling, consistent gambling, and the income from gambling for their livelihood**. This kind of person is commonly known as a "gambling stick". The so-called opening of a casino refers to the act of opening and operating a casino, providing gambling venues and utensils for others to gamble in, and making profits from it.
Add ** note, no more than 140 words (optional) Second, the difference between the crime of gambling and the crime of opening a casino: The scale of the crime of gambling is generally small, and the members are relatively fixed; The crime of opening a casino has a certain scale, there are many people involved in gambling, there is an internal organization and a clear division of labor, some people are responsible for charging, bookkeeping, licensing or shuffling, and there are special people who look out for the wind. Gambling crimes are generally temporary and temporary; The crime of opening a casino has the characteristics of continuity and stability, as long as the gambling personnel come to the casino during the time period, they can carry out gambling activities. The gambling method for gambling crimes is generally determined temporarily by the gambling participants; The gambling method for the crime of opening a casino is generally set in advance by the operator.
Add ** note, no more than 140 words (optional) 3. Is there criminal liability for helping the casino work? The answer is a case-by-case discussion. According to Article 7 of the "Opinions on Several Issues Concerning the Application of Law in Handling Cases of Using Gambling Machines to Open Casinos" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security, it is stipulated that in handling cases of using gambling machines to open casinos, the criminal policy of blending leniency and severity shall be implemented, and the focus shall be on cracking down on the funders and operators of casinos. Persons who are hired to engage in activities such as picking up and dropping off gambling participants, watching the wind, dealing cards and sitting in the bank, exchanging chips, etc., are generally not investigated for criminal responsibility, except for those who participate in the profit sharing of casinos or receive high fixed wages, and may be punished by the public security organs in accordance with the law. In other words, if you do not participate in profit sharing or receive a high fixed salary, you are generally not criminally liable. However, if you participate in the profit sharing, or receive a high remuneration, or provide important assistance to the operation of the casino, you will be punished as an accomplice and will be subject to criminal liability. Lawyer Le once again reminds everyone that when looking for a job, do not go to some pornographic entertainment venues, fraudulent companies and gambling establishments, and accidentally become an accomplice to a crime, and the gains outweigh the losses.