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How to deal with online gambling and surrender?
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. Gambling amount and gambling times. Some relatives, friends and neighbors occasionally gamble, winning and losing, 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 and reeducation through labor, but it should not be considered as a crime. 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 losses greatly exceeds the amount of 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. The relationship between gambler's identity and gambler. 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. We can learn that even if you surrender to online gambling according to the regulations, you will still be detained by the public security, but if you surrender, you will be given a lighter punishment as appropriate. It's best not to do things like gambling in daily life.
Legal Basis According to Article 67 of the Criminal Law of People's Republic of China (PRC), a person who voluntarily surrenders himself after committing a crime and truthfully confesses his crime is a voluntary surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted. If a criminal suspect, defendant or criminal serving a sentence who has taken compulsory measures truthfully confesses other crimes that have not been mastered by the judicial organs, he shall be deemed to have surrendered himself.
Article 70 of the Law on Public Security Administration Punishment provides conditions for gambling for the purpose of making profits, or participates in gambling in a large amount, and shall be detained for less than 5 days or fined for less than 500 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.
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