1. Is gambling gambling?
1, gambling belongs to gambling. Gambling belongs to the crime of opening a casino or gambling in law. Gambling crime aims at making profits, does not require the actor to actually make profits, but only has the subjective purpose of obtaining money, which constitutes gambling crime. To sum up, suspected gambling belongs to gambling, which is illegal and can be reported to the public security organs.
2. Legal basis: Article 2 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Gambling Criminal Cases.
For the purpose of making profits, establishing a gambling sites on the computer network or accepting bets on behalf of gambling sites belongs to "opening a casino" as stipulated in Article 303 of the Criminal Law.
Article 303 of the Criminal Code of People's Republic of China (PRC).
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.
Crime of opening a casino Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or control, 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 the crime of overseas gambling and organizes China people and China citizens to participate in gambling abroad, if the amount is huge or there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph.
Second, the elements of gambling
The elements of gambling are as follows:
1, the object of infringement is socialist social fashion;
2. Objectively speaking, it is an act of gathering people to gamble or taking gambling as a profession;
3. The subject is a general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime;
4. Subjectively, it is intentional, for the purpose of making profits.