According to the judicial interpretation of the crime of gambling and opening casinos
Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Gambling Criminal Cases (2005-5- 13)
1, for the purpose of making profits, in any of the following circumstances, it belongs to "gathering gambling" as stipulated in Article 303 of the Criminal Law:
(1) Organizing three or more people to gamble, and the total profit from tapping has reached more than 5,000 yuan;
(2) Organizing three or more people to gamble, and the amount of gambling funds reaches more than 50,000 yuan;
(3) Organizing more than 3 people to gamble, and the total number of participants in gambling reaches more than 20;
(4) Organizing more than 10 People's Republic of China (PRC) citizens to gamble abroad, and collecting kickbacks and referral fees from them.
The illegal operation of lottery tickets belongs to the unauthorized operation of franchise and monopoly commodities or other restricted commodities as stipulated by laws and administrative regulations. Be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently or exclusively be fined not less than one time but not more than five times the illegal income;
If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated.
Extended data
Recently, chongzhou city Procuratorate approved the arrest of Luo Mou, the first suspect in the city, for the crime of opening a casino. Without authorization, Luo violated state regulations and made a profit by betting from a privately-established gambling sites, and made a profit of 6.5438+0.7 million yuan in just 40 days.
Luo is from Chongzhou, and his family is rich. At the end of 20 14, Li moumou, a friend who seldom contacts at ordinary times, went to Chongzhou to find him. In a chat, Li said that he is now acting as a "Chongqing Times Lottery" lottery sales point with a monthly income of tens of thousands of yuan.
After Luo showed some interest, Li introduced in detail the advantages of acting as an agent of "Chongqing Times Lottery", with less investment and high income. In the early stage, he only needs to put in two computers and a TV set, so he doesn't have to worry about winning or losing.
Luo quickly became interested in this way of making money, and went to Li's "Time Lottery" betting point in a small teahouse in Chengdu to find out the situation. There are also such agents in Chengdu and Pengshan.
The way of agency is as simple as Li said. Without further understanding and authorization from relevant departments, Luo rented her mother-in-law's teahouse at a price of 4,000 yuan per month, hired two coolies, and invested 1000 yuan to buy computers, televisions and other tools. 2065,438+05,65,438+0, the so-called "Chongqing Times Lottery".
After the lottery, Luo posted the betting method on the wall of the teahouse according to the requirements provided by the management, and the lottery number and time were consistent with the real "Chongqing Times Lottery" released by official website.
The management left a bottom deposit of 6.5438+0 million yuan in Luo's office. After winning the printed lottery ticket, you can pay it on the spot. If it exceeds the minimum deposit, the management will be present to deal with it. Luo and the management settle accounts once a week, but the proceeds from lottery sales will not be turned over to the issuer of Chongqing Times Lottery, but will be remitted to the underground network private lottery pool. In just over 40 days after its opening, Rollo made a profit of 1.7 million yuan.
In fact, the case-handling department confirmed to Chongqing Welfare Lottery Distribution Center that the "Chongqing Times Lottery" lottery ticket was only issued in Chongqing, and it was not authorized to be sold at any betting point in chongzhou city, Sichuan.
On March 5th, chongzhou city Public Security Bureau received a report from the masses and quickly seized the gambling dens opened by Luo. After the public security organ transferred him for approval of arrest, the undertaker not only approved the arrest of the criminal suspect Luo according to law, but also issued an opinion on the continued investigation and evidence collection of the arrested case, asking the public security organ to conduct an in-depth investigation and severely crack down on such crimes. A few days ago, the case was under further investigation.
The prosecutor said that the crime of opening a casino is a common form of crime in judicial practice, but ordinary people know little about it. This case is a gambling place that represents private gambling sites and accepts bets. This kind of crime is relatively new, which is produced in recent years when the network is developed and the gambling industry is booming.
In Chinese mainland, the issuance and sale of lottery tickets are within the exclusive scope. In order to standardize management, lottery tickets may not be issued and sold without approval.
People's Daily Online-The first suspect selling underground online lottery tickets in Chongzhou, Chengdu was arrested. China People's Congress Network _ People's Republic of China (PRC) Criminal Law (revised 1997)