Gambling, profit for the purpose of gambling or the gambling industry behavior. The Supreme People's Court interpretation of a number of issues on the specific application of the law of the Gambling Criminal Cases of the Supreme People's Procuratorate (April 26, 2005 the first 1349 meeting of the Judicial Committee of the Supreme People's Court, the Supreme People's Procuratorate Procurator Committee at its May 8, 2005 adopted by the 34th meeting) Fa Shi [2005] 3 punish gambling and criminal activities, according to the relevant provisions of the Criminal Code, on the handle gambling criminal cases, the specific application of the law are explained as follows: the first for-profit, the following circumstances, the provisions of the Criminal Law Article 203 gambling: (a) organization 3 or more gambling, to tap profits. amounts totaled more than 5,000; (b) the organization more than three people gambling, gambling money amounts to reach a total of more than 50,000 yuan; gambling more than 3 (c) organization, the Candu number totaled more than 20 people; abroad gambling (d) to organize the People's Republic of China citizens of more than 10 people from receiving kickbacks, referral fees. For-profit to establish gambling sites on the computer network, or act as agent for the gambling sites to accept bets, the provisions of the Criminal Law Article 203 "to open casinos." Article citizens of the People's Republic of China and gambling in the country outside the territory of the surrounding area, opening casinos to attract citizens of the People's Republic of China as the main source, constitute the crime of gambling, can be investigated for criminal liability in accordance with the provisions of the criminal law. Article knowingly others to gambling and criminal activities, and provide funds directly help of computer networks, communications, and the cost of clearing, an accomplice to the crime of gambling punished. Article V implementation of gambling crime, one of the following circumstances: (a) the identity of the national staff to be punished severely in accordance with the provisions of Article 203 of the Criminal Code of; (b) the organization of national staff abroad gambling; ( c) organization of minors involved in gambling, or open casinos to attract minors to participate in gambling. Article VI without state authorization issue, selling lottery tickets, constitute a crime, in accordance with the provisions of 刑法第二百 twenty-five (d) be punished to the conviction of the crime of illegal business. Article VII implementation through gambling or gambling for national staff to provide funds in the form of bribery, bribery, and constitutes a crime, convicted and punished in accordance with the criminal law on the crime of bribery provisions. Bets eighth gambling crime as money or property, money and goods in exchange for chips and won by gambling money or property belonging to the gambling money. Implemented via a computer network crime of gambling, the amount of gambling money betting on the computer network or the number of points won multiplied by each point actually represent the amount identified. Gambling money should be recovered in accordance with the law; gambling paraphernalia, gambling, illegal income, as well as gambling criminals all funds devoted to gambling, transport, communication tools, etc., shall be forfeited. Article IX not-for-profit for the purpose of entertainment with a few belongings winning or losing, and chess room and other places of entertainment only be charged the normal places and the cost of operating behavior, not punished gambling. The new judicial interpretation of the May 12, 2005, the Supreme People's Court, Supreme People's Procuratorate issued a "Gambling Criminal Cases Specific Application of Laws explanation" (hereinafter referred to "explain"). Accurate understanding and application of the interpretation, the following aspects should grasp: whether "for-profit" distinction the gambling Zuiyufeizui key accordance with the provisions of Article 203 of the Criminal Code of the premise that constitute the crime of gambling, not only must have direct deliberately general subjective element, and must have a "for-profit" special subjective element. "For the purpose of profit," the perpetrators from gambling, casino gambling industry behavior, in order to obtain a large amount of money or other property. The perpetrator Get possessions, including the following situations: First, tap the hope to gain from opening casinos to obtain illegal gains, the third direct Candu profit Organization of Chinese citizens abroad gambling, get rebate on fees costs. Judicial practice, identify whether the perpetrator has a "commercial purposes", mainly comprehensive judgments based on the behavior of people gambling behavior and the profit-taking. The presence or absence of "for-profit", determines the behavior constitutes the crime of gambling, is key to the distinction of Gambling Crime. Perpetrator entertainment with a few belongings winning or losing, although subjectively profitable ingredients in order to win a small amount of property, but win or lose its does not matter, or of little significance, and its main purpose is for recreation, entertainment, therefore, does not belong to The "for-profit". Establish gambling sites can be identified for opened Casino judicial practice, as long as the identification of behavior established gambling sites or gambling sites as Acting accept gamblers betting can be found it belongs to open casinos, whether gamblers development number, the number of gamblers betting, the amount of money bet. This situation exists in practice, that the behavior of people just take advantage of their access to gambling sites account number and password, organizations, and attract others within the account betting. In this regard, if the perpetrator is neither established gambling sites, nor for gambling sites served as acting, you can not say that its opening casinos; if the perpetrator is in line with the "interpretation" provides one of the first three criteria, should be identified as gambling, otherwise it does not constitute the crime of gambling. Gambling accomplice in the crime sided Accomplice "explains the provisions of Article IV of the behavior, called one-sided accomplice in criminal law theory. Identified gambling crime of accomplice, you need to pay attention to two things: First, there must be evidence that the perpetrator knows of others in the implementation of the crime of gambling, which is the perpetrator subjective premise of intentional communication. The perpetrator's cognitive state knowingly, cognitive content others in the implementation of the gambling crime. Second, the perpetrator must provide direct help of the funds, computer networks, communications, the cost of clearing. Help of computer networks, the Internet access, server hosting, network storage space conditions and services. Which direct help, such help direct role for the occurrence and development of gambling crime, not optional. National staff gambling punished severely "to interpret the provisions of Article aggravating circumstances: national staff, including the staff of state organs is mainly engaged in official party and government officials, state-owned companies, enterprises, institutions, people's organizations and so on. This special operation, one of the priorities is the fight against the gambling behavior of the national staff. In this section applies, should pay attention to three things: First, in accordance with the Penal Code, any citizen, in addition to the gambling industry, its Candu behavior is generally does not constitute a crime of gambling. The national staff Candu behavior is no exception. The second is from the behavioral characteristics of the national staff because of their legitimate career, so difficult to identify its gambling industry, but can comply with the provisions of the first standards identified their gambling or casino opened, so as to constitute the crime of gambling; from the point of view of the be held criminally responsible, the national staff of the implementation of the crime of gambling, greater social harm, should be punished severely. Gambling bribery must comply with accepting bribes and bribery Crime of "interpretation of Article VII Two things to note: First," by gambling on the implementation of bribery, bribery and bribery per capita participate directly in the form of gambling: "By provide funding in the form of gambling for the national staff of bribery, bribe people not directly involved in gambling, just for taking bribes people gambling funds. No matter what form, of bribery per capita directly involved in formal gambling. Identified the gambling bribery, specific constituent elements must comply with accepting bribes and bribery are criminal law, such as bribery of people have to take advantage of his position to extort a bribe people's money for gambling behavior, or illegally accepting bribe money for gambling, bribery person behavior to seek benefits, bribe people to seek illegal interests and provide money for gambling, and so on. Gambling money includes three forms of money or property "interpretation of the provisions of Article VIII, gambling money, including the money or property of the three forms of gambling crime as money and goods in exchange for chips bet money or property, and won by gambling money or property. In addition to the money or property, for example, the perpetrator has not been used as a bet or cash in exchange for chips carry property within the credit card funds can not be regarded as gambling money. Internet gambling, "points" is the equivalent of the reality gambling chips. This calculation method is only applicable to the computer network of gambling on the calculation of the amount of funds and materials used as stakes gambling to win money or property to reflect the real computer network gambling bet amounts and win amount. Gambling criminals all funds devoted to gambling, transport, communication tools, shall be confiscated. Cars, boats, the Candu temporary ride temporary liaison with the phone, you should not be confiscated. Edit this paragraph punishment "Criminal Law of the People's Republic of China" Article 303 for the purpose of profit, gambling or gambling industry, three years imprisonment, criminal detention or control, and fined. Open casinos, three years imprisonment, criminal detention or control, and shall also be fined; circumstances are serious, three to ten years in prison and fined. 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