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Will you notify your family members when you are detained for gambling?
1. Will you notify your family if you are detained for gambling?
1, gambling is administratively detained, and family members will be notified. Implementing administrative compulsory measures to restrict citizens' personal freedom; On the spot, inform the family members of the parties about the public security organs, reasons, places and time limits for implementing compulsory measures. If a person is placed in criminal detention, the family members of the detained person shall be notified within 24 hours after detention, except that it is impossible to notify the criminal or terrorist activities suspected of endangering national security that may hinder the investigation.
2. Legal basis: Provisions on Procedures of Public Security Organs in Handling Administrative Cases.
Article 55 The implementation of administrative compulsory measures shall comply with the following provisions:
(a) before implementation, it shall be reported to the person in charge of the public security organ for approval according to law;
(two) notify the parties to be present, and inform the parties on the spot of the reasons and basis for taking administrative compulsory measures, as well as the rights and remedies enjoyed by the parties according to law. If the party concerned is not present, the witness shall be invited to be present and noted in the on-site record;
(three) to listen to the statements and arguments of the parties;
(4) Making on-site transcripts, which shall be signed or sealed by the parties concerned and the people's police handling the case. If the party refuses, it shall be indicated in the record. If the party concerned is not present, the witness and the people's police handling the case shall sign or seal the record;
(five) the implementation of administrative compulsory measures to restrict citizens' personal freedom, it shall inform the public security organs on the spot, the reasons, places and time limit for the implementation of compulsory measures; If it is impossible to inform on the spot, it shall be informed by telephone, SMS, fax, etc. immediately after the implementation of compulsory measures; Unidentified, refusing to provide contact information of family members, or unable to notify due to force majeure such as natural disasters. , may not be notified. The record of inquiry shall indicate the reasons for informing or informing family members or failing to inform family members.
(6) Other procedures prescribed by laws and regulations.
Second, what is the boundary of gambling crime?
1. Motivation and purpose of gambling.
The constitution of gambling crime requires the actor to be subjective and intentional, with the purpose of obtaining money. If the actor is not for profit, it is only for entertainment, boredom, contact feelings and so on. The crime of gambling cannot be established. However, it should be noted that the perpetrator can establish this crime as long as the purpose is to obtain money, and whether he actually obtains money does not affect the composition of this crime.
2. The amount of gambling involved and the number of gambling.
Occasionally gambling also wins and loses, but not much; Some people often gamble together, but the amount involved is very small, and gamblers do not take gambling income as their main source of livelihood or extravagance. This can be given administrative treatment such as public security punishment according to the circumstances, but it should not be considered as a crime.
3. Actors are gamblers, gamblers, casino owners or ordinary gamblers.
Gamblers refer to people who gather to gamble, that is, they provide casinos and gambling tools for gambling, organize and attract others to participate in gambling, and I profit from it. Gamblers may or may not take part in gambling, and they may be one person or many people. A gambler is a gambler, that is, gambling income is the main source of his life or luxury. Some people in The Gambler don't have proper jobs and specialize in gambling. Some have jobs, mainly engaged in gambling; Some have legitimate jobs, but gambling is a part-time job, and the amount of gambling wins or loses exceeds their legitimate income. Casino owners refer to people who open casinos, that is, people who provide places for gambling, set gambling methods, provide gambling tools, chips and funds, and organize gambling for profit. These three kinds of people should be investigated for criminal responsibility for gambling crimes, but for ordinary gamblers, they can be criticized and educated. If the circumstances are serious, they can also be given public security punishment according to the circumstances, but they cannot be investigated for criminal responsibility.
4. The identity of gamblers and the relationship between gamblers.
If the gamblers are relatives, friends, colleagues, neighbors, villagers and other acquaintances, or some elderly people, it is generally not appropriate to treat them as crimes. Unless the amount involved in gambling is very large, gambling is often held, which seriously violates the social management order and social fashion.
It is illegal to promote gambling games. Whether the crime of participating in gambling will be sentenced depends on the actual amount of gambling money involved, and the sentencing involved in different gambling money is also different.
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