How to stipulate gambling crime in criminal law

According to the current criminal law, if an actor engages in gambling by gathering people or gambling for profit, the public security organ shall file a case for gambling. Crowd gambling refers to the situation that three or more people are organized to gamble, and the cumulative amount of tapped profits is higher than 5 thousand yuan, or the cumulative amount of gambling funds is higher than 50 thousand yuan.

legal ground

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.

Article 1 of the Interpretation 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.

For the purpose of making profits, one of the following circumstances belongs to "gathering gambling" as stipulated in Article 303rd 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 10 China citizens to gamble abroad, and collecting kickbacks and referral fees from them.