Traditional Culture Encyclopedia - Almanac inquiry - Is it illegal to play cards and gamble at home?
Is it illegal to play cards and gamble at home?
Playing mahjong is a common recreational activity in people's daily life. Some people may have doubts when playing mahjong. Is it illegal to play mahjong? Generally speaking, the definition of whether playing mahjong is illegal depends mainly on the amount involved in the process of playing mahjong, but has little to do with the place where playing mahjong.
1. Is it illegal to play mahjong together at home?
Generally speaking, it is not illegal, but if it is used for gambling, there are limits and boundaries for entertainment. At present, the state stipulates that entertainment with a certain amount of money or entertainment with family members to win or lose with money is not gambling. Therefore, most of the current mahjong halls are in the name of activity centers or entertainment centers. See whether gambling and entertainment are distinguished "for profit"-activities that are not for profit and win or lose with a small amount of property, and business activities that provide entertainment places such as chess and cards rooms and only charge normal fees for places and services. , are not punished as gambling.
If it is a "profit-making" gambling behavior, it is necessary to distinguish between public security cases and criminal cases according to the amount and the seriousness of the plot, and whether it is a "gambling head" and a "gambler for gambling purposes". For example, for the person in charge of gambling, a suspected criminal act with a profit of more than 5,000 yuan is a criminal case, otherwise it is only a public security case.
First of all, whether it is illegal to play mahjong in your own home depends on several situations:
1, whether it is illegal depends mainly on the place, but on the amount. At present, there is no basis for clearly defining the amount in national laws. However, you can refer to Article 8 of the Regulations on Prohibition of Gambling in Hebei Province to participate in gambling. If the gambling amount is less than 100 yuan, our unit and grassroots mass autonomous organizations will give criticism and education.
Ninth to participate in gambling, gambling money 100 yuan but not more than 500 yuan, a fine of not more than 300 yuan.
Article 10 Whoever commits one of the following acts shall be detained for not more than five days and may be fined not less than 300 yuan but not more than 1,500 yuan:
(a) to participate in gambling, gambling funds of more than five hundred yuan but less than two thousand yuan;
(2) Providing gambling places or other conditions.
Article 11 Whoever commits one of the following acts shall be detained for not less than five days but not more than fifteen days, and may be fined not only 1500 yuan but not more than 3,000 yuan:
(a) to participate in gambling, gambling funds of more than two thousand yuan;
(2) Having participated in gambling after being punished by public security administration for gambling;
(three) one of the acts listed in article tenth, and the circumstances are serious.
In addition, the Public Security Department of Jilin Province issued the Guiding Opinions on the Discretion Criteria for Handling Illegal Gambling Cases, which clearly explained the situation of "a large amount of gambling participation" and took the specific amount as the main difference. It mainly includes that the average amount of personal gambling funds is less than 2,000 yuan in 500 yuan, or the total amount of gambling funds collected on site is more than 2,000 yuan but less than 8,000 yuan. Among them, if the average amount of personal gambling funds is less than 654.38+10,000 yuan in 500 yuan, or if the total amount of gambling funds collected on the spot is more than 2,000 yuan but less than 4,000 yuan, they shall be fined less than 500 yuan or detained for less than 3 days. If the average amount of personal gambling money is more than 654.38+10,000 yuan but less than 2,000 yuan, or if the total amount of gambling money collected on the spot is more than 4,000 yuan but less than 8,000 yuan, it shall be detained for more than 3 days and less than 5 days.
It depends on whether you have any profit-making behavior in your own home. Gambling crime: See whether it is for profit, and distinguish between gambling behavior and entertainment behavior-not for profit, engaging in winning or losing activities with a small amount of property, providing entertainment places such as chess rooms for normal places and charging service fees. , not to gamble. If it is a "profit-making" gambling behavior, it is necessary to distinguish between public security cases and criminal cases according to the amount and the seriousness of the plot, and whether it is a "gambling head" and a "gambler for gambling purposes". For example, for the person in charge of gambling, a suspected criminal act with a profit of more than 5,000 yuan is a criminal case, otherwise it is only a public security case.
If winning or losing a small amount of property between friends is an entertainment activity, it should not be treated as gambling, then it is a legal entertainment activity.
As for whether playing mahjong is illegal, as long as the amount involved is not large, it does not constitute an illegal act. As long as the amount involved in playing mahjong does not exceed 1000 yuan, in this case, playing mahjong is a legal entertainment and does not constitute illegal gambling.
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