The crime of opening a casino refers to whether there is an objective act of gathering people to gamble, opening a casino or taking gambling as a profession. The main ways to open casinos are as follows: first, for the purpose of making profits, taking the actors as the center, and setting up, contracting and leasing places dedicated to gambling under the control of the actors. Providing gambling equipment for others to gamble, whether the place is open or not does not affect the constitution of the crime. Second, for the purpose of making profits, set up gambling sites on the computer network, or accept bets on behalf of gambling sites.
The meaning of "openness" should be understood in a broad sense. In addition to the traditional business of providing places for gamblers, setting gambling methods, providing gambling tools and chips, and accepting gamblers' bets for others to gamble, it also belongs to a casino to open a gambling sites on the computer network, or to act as an agent for gambling sites, accept bets and gamble by telephone, but the participants are not concentrated together. It does not constitute this crime to provide entertainment places such as chess rooms and only charge normal places and service fees. After the casino is provided, whether I participate in it or not and whether I make a profit does not affect the establishment of this crime. Because opening casinos attracts others to gamble, the number of gamblers is large, the amount of gambling money is large, the income of casinos is more abundant, and the social harm is greater than that of ordinary gambling. Therefore, the criminal law has established the crime of opening a casino in addition to gambling.
Once the casino is officially opened and actually used by some people, it is deemed that this crime has been accomplished, regardless of whether the founder actually makes a profit. If the casino owner participates in gambling on his own and engages in gambling, he may consider merging this crime with gambling crime.
Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, 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: (1) dealing in franchise, monopoly goods or other commodities whose business is restricted by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations; (three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business; (four) other illegal business activities that seriously disrupt the market order.