According to Article 303 of the Criminal Law of the People's Republic of China, the act of using information network facilities to gamble is the crime of opening a casino and is a criminal act. According to the second paragraph of Article 303 of the Criminal Law of the People's Republic of China, those who participate in gambling will also be punished. Therefore, under the laws of our country, not only the crime of gambling is established, but also participating in gambling is also a crime.
Criminal Law of the People's Republic of China》 Article 303 [Crime of Opening a Casino] Whoever provides conditions for gambling for the purpose of making profits shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall also be fined; where the circumstances are serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. Where others are organized to participate in online gambling, gambling conditions are provided, and conviction and punishment are to be given in accordance with the provisions of article 303 of this Law.
the crime of gathering a crowd to gamble; Combined punishment for the crime of opening a casino and assembling a crowd to gamble] Where the amount of gambling is relatively large, short-term detention or a fine is to be given, and where the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and a concurrent fine.
Crime of introducing gambling] Gathering gamblers for the purpose of gambling and making introductions is to be punished in accordance with the provisions of the first or second paragraph.
The crime of hooliganism and the crime of opening a casino, assembling a crowd to gamble, or introducing gambling are punished concurrently] Where violence or threats are used to compel others to gamble or extort money through gambling, it is to be convicted and punished in accordance with the provisions of article 294 of this Law; and where the crime of opening a casino, assembling a crowd to gamble, or introducing gambling is constituted at the same time, a concurrent fine is to be given.
Criminal Liability of the Legal Representative, Responsible Person, and Directly Responsible Personnel for Facilitating Gambling] For units that provide conditions for gambling activities to take place, while punishing individuals, they may impose a fine on the unit, and the legal representative, responsible person, or directly responsible personnel of the unit shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or controlled release.
The establishment of gambling on the network is the opening of a casino.
Article 2 of the 2005 Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases of Gambling stipulates that: "Anyone who establishes gambling on a computer network for the purpose of making profits, or acts as a gambling player and accepts bets, is entitled to "opening a casino" as provided for in Article 303 of the Criminal Law. ”
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