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There are the following four cases in the amount determination:
1. Organizing more than three people to gamble, and the accumulated amount of profit from taking a lottery is more than 5000 yuan
2. Organizing more than three people to gamble, and the total amount of gambling money is more than 50000 yuan
3. Organize more than 3 people to gamble, and the total number of participants is more than 20
4. Organizing more than 10 citizens of the people's Republic of China to gamble abroad to collect kickbacks and introction fees
the minimum penalty for gambling is six months' imprisonment
legal basis:
Article 303 of the criminal law of the people's Republic of China who, for the purpose of making profits, gathers people to gamble or takes gambling as a business shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined. Those who open casinos 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 circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined
Article 1 of the interpretation of the Supreme People's court and the Supreme People's Procuratorate on the specific application of law in handling gambling criminal cases is for the purpose of making profits, and it is stipulated in Article 303 of the criminal law in any of the following circumstances; Gathering people to gamble(1) organizing more than three people to gamble, and the accumulated amount of profits from taking a lottery is more than 5000 yuan
(2) organizing more than three people to gamble, and the accumulated amount of gambling capital is more than 50000 yuan(3) organizing more than 3 people to gamble, and the total number of participants is more than 20
(4) organizing more than 10 citizens of the people's Republic of China to gamble abroad to collect kickbacks and introction feesextended information:
there are three kinds of behaviors that constitute gambling crime:
(1) gathering people to gamble, that is, providing casinos and gambling equipment for gambling activities, organizing and attracting others to participate in gambling, and taking advantage of them. When gathering people to gamble, some of the actors take part in gambling themselves, while others do not take part in gambling themselves, but they all belong to the situation of gathering people to gamble
(2) to set up a gambling house, that is to say, for the purpose of making profits, to provide a place for gambling, to set up a way of gambling, to provide gambling equipment, chips, funds, etc (3) gambling as a business, that is, gambling as a regular business, gambling income as the main source of livelihood or the main source of profligacy. As long as for the purpose of making profits, it is a gambling crime to carry out one of the above behaviors of gathering people to gamble, opening a gambling house or taking gambling as a business. Whoever commits the 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 finedin the implementation, we should pay attention to distinguish the boundaries between gambling crimes and general gambling violations. In the determination of gambling crime, the actor's subjective purpose is to make profits, and objectively has the behavior of gathering people to gamble, opening casinos or taking gambling as a business. The two conditions must be met at the same time. Those who take part in gambling for many times but do not take it as the main source of life or extravagance, or those who provide places and gambling tools but do not profit from them, shall not be punished as crimes and may be punished according to law
