Sentencing standard for gambling crime with serious circumstances: in any of the following circumstances, it shall be deemed as "serious circumstances" as stipulated in the second paragraph of Article 303 of the Criminal Law: the accumulated amount of tapped profits reaches more than 30,000 yuan; The total amount of gambling funds reaches more than 300,000 yuan; The cumulative number of gamblers has reached more than 120; After the establishment of a gambling place, the illegal income is more than 30 thousand yuan by providing it to others to organize gambling; Participate in profit sharing in gambling sites, and the amount of illegal income is more than 30,000 yuan; Recruit lower-level agents for gambling sites, and lower-level agents accept bets; Recruiting minors to participate in online gambling; Other serious circumstances. Whoever opens a casino, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
Legal basis:
Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Online Gambling Crimes.
Paragraph 2 of Article 1: Whoever commits any of the following acts as stipulated in the preceding paragraph shall be deemed as "serious" as stipulated in paragraph 2 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.
Criminal law of the people's Republic of China
Article 303 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.
Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, 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 People's Republic of China (PRC) citizens to participate in gambling outside the country (territory), if the amount is huge or there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph.
Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; 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.