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How should gambling crimes be punished?

Gambling generally does not constitute a crime and is subject to public security penalties.

Article 303 of the "Criminal Law of the People's Republic of China" stipulates: Anyone who gathers people to gamble, opens a casino or engages in gambling for the purpose of profit shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Or regulate and impose fines. Organizing more than 10 people of the People's Republic of China and the People's Republic of China to gamble overseas and collecting kickbacks and referral fees. Article 2 Anyone who establishes a gambling website on a computer network for the purpose of profit, or acts as an agent for a gambling website to accept bets, falls under the category of "opening a casino" as stipulated in Article 303 of the Criminal Law. Article 3 If citizens of the People's Republic of China gather to gamble or open casinos in surrounding areas outside the territory of our country, with the aim of attracting citizens of the People's Republic of China as the main source of customers, and this constitutes the crime of gambling, they may be investigated for criminal liability in accordance with the provisions of the criminal law. . Article 4 Anyone who knowingly provides others with funds, computer networks, communications, expense settlements, etc. to directly assist others in committing gambling crimes shall be punished as a criminal offender of the crime of gambling.

Subjectively, whether the purpose is to make profits, and objectively, whether there is the behavior of gathering people to gamble, opening casinos, and gambling as a business. For those who have participated in gambling many times, but their winnings and losses are not significant, and they do not rely on gambling as their livelihood or main source of income; or although the perpetrator provides casinos and gambling equipment, but he does not profit from them, he cannot be found guilty of gambling. If the circumstances are serious, they may be dealt with in accordance with the relevant provisions of the Public Security Administration Punishment Law.