Will online gambling go to jail?

Yes, online gambling, if the circumstances are serious, may constitute the crime of gambling or the crime of opening a casino.

First, how to identify the crime of gambling?

1, gambling crime is based on profit;

2. The crime of gambling must meet one of three conditions: gathering people to gamble and taking gambling as a business. It is worth noting that "gambling in groups" has a specific meaning, and not all "gambling in groups" belong to this category.

According to the interpretation of the relevant laws of our country, the situation of "gathering people to gamble" mainly includes the following:

1, organized more than 3 people to gamble, and the total profit from tapping reached more than 5,000 yuan;

2, the organization of more than 3 people gambling, gambling funds accumulated to more than 50 thousand yuan;

3. Organizing more than 3 people to gamble, and the total number of gamblers reaches more than 20;

4. Organize more than 65,438+00 People's Republic of China (PRC) (China) citizens to gamble abroad, and collect kickbacks and referral fees from them.

In addition, regarding the behavior of "opening a casino", China's judicial interpretation also stipulates that for the purpose of making profits, opening a gambling sites on the computer network or accepting bets on behalf of gambling sites should constitute the crime of "opening a casino" and not the crime of gambling. This is undoubtedly a serious blow to the emerging online gambling in recent years, and it is also the embodiment of legislation keeping up with the development of the times. It is worth noting that gambling behavior does not necessarily constitute a gambling crime. If it is not criminalized, it does not mean that this behavior is worth promoting. Therefore, China has corresponding administrative regulations to connect with it. If the gambling circumstances are serious but do not constitute a crime, administrative punishment will often be imposed.

Second, the criteria for determining gambling. What is the public security punishment?

If gambling does not constitute a crime, it shall be punished by the public security organ, detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than 10 and less than 15, and fined for more than 3,000 yuan in 500 yuan. Whoever constitutes a crime of gambling shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined. If the evidence is sufficient, it may be suspected of opening a casino. Generally, the punishment is fixed-term imprisonment of not more than three years, and if the circumstances are serious, it is fixed-term imprisonment of not less than three years but not more than ten years. The crime of opening a casino refers to whether there is an objective act of gathering people to gamble, opening a casino or taking gambling as a profession. It does not constitute this crime to provide entertainment places such as chess rooms and only charge normal places and service fees. After the casino is provided, whether I participate in it or not and whether I make a profit does not affect the establishment of this crime.

To sum up, as long as it is gambling, it is illegal to participate in gambling offline or online. Presumably, this is common legal knowledge that everyone knows. However, there are still many people who participate in online gambling with luck. Not only is there a high probability of losing money, but your bank card is easily frozen by the public security organs, and the funds in the bank card will be disposed of and may be sanctioned by law. The consequences are still very serious.

Legal basis:

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 gambling abroad and organizes People's Republic of China (PRC) 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.