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It is a gambling crime to resell virtual currency for others to

Publish: 2021-05-09 19:29:27
1. Baoding Wang lawyer successfully pleaded guilty to a suspect's case of
: in 2013, 9 months later, a criminal suspect was arrested by the XX public security organ in Baoding for the crime of gambling. Her family was entrusted to Wang lawyer of Hebei public law office. After receiving the entrust, he went to the case office to understand the case second days later and went to the detention center to meet with the suspect. After that, the suspect was only involved in gambling several times in the casino, suspected of being over 2 yuan. He did not make any profits and did not introce other ginseng and gambling. After communicating with the case handling organ, the suspect was acquitted. The definition of gambling crime: gambling crime refers to the behavior of gathering people to gamble or gambling for the purpose of making profits< According to the criminal law,
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< Judicial interpretation:
interpretation of the Supreme People's court and the Supreme People's Procuratorate on the specific application of law in handling Gambling Criminal Cases
(1349th meeting of the judicial committee of the Supreme People's court, April 26, 2005 Adopted at the 34th meeting of the 10th Procuratorial Committee of the Supreme People's Procuratorate on May 8, 2005)
for the purpose of punishing gambling crimes according to the law, according to the relevant provisions of the criminal law, several issues concerning the specific application of law in handling gambling criminal cases are explained as follows:
Article 1 for the purpose of making profits, there are one of the following circumstances, It is stipulated in Article 303 of the criminal law; 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 fees< Article 2 for the purpose of making profits, those who set up gambling websites on computer networks or act as agents for gambling websites to accept bets belong to the category of & quot; in Article 303 of the criminal law; Open a Casino & quot
Article 3 citizens of the people's Republic of China who gather people to gamble and set up casinos in the surrounding areas outside the territory of the people's Republic of China in order to attract citizens of the people's Republic of China as the main source of tourists and constitute the crime of gambling may be investigated for criminal responsibility in accordance with the provisions of the criminal law
Article 4 Whoever knowingly provides funds, computer network, communication, fee settlement and other direct assistance to others for their gambling criminal activities shall be punished as an accomplice in the crime of gambling< Article 5 Whoever commits a gambling crime under any of the following circumstances shall be given a heavier punishment in accordance with the provisions of Article 303 of the criminal law:
(1) having the status of a state functionary< (2) organizing state functionaries to gamble abroad< (3) organizing minors to participate in gambling, or opening casinos to attract minors to participate in gambling< Article 6 Anyone who issues or sells lottery tickets without the approval of the state, which constitutes a crime, shall be convicted and punished for the crime of illegal business operation in accordance with item (4) of Article 225 of the criminal law< Article 7 Whoever offers or accepts bribes in the form of gambling or providing funds for gambling of state functionaries, which constitutes a crime, shall be convicted and punished in accordance with the provisions of the criminal law on bribery
Article 8 in gambling crimes, money and property used for gambling, money and property exchanged for chips and money and property gained through gambling belong to gambling capital. If gambling crime is committed through the computer network, the amount of gambling money can be determined by multiplying the number of points bet or won on the computer network by the amount actually represented by each point
gambling capital should be recovered according to law; Gambling utensils, illegal gains from gambling and gambling criminals' funds, means of transportation and means of communication specially used for gambling shall be confiscated according to law
Article 9 for the purpose of not making profits, entertainment activities with a small amount of property, and the business activities of providing entertainment places such as chess and card rooms, which only charge normal places and service fees, shall not be punished as gambling<

opinions of the Supreme People's court, the Supreme People's Procuratorate and the Ministry of public security on Several Issues concerning the application of law in handling Internet gambling crimes
the Supreme People's court, the Supreme People's Procuratorate and the Ministry of public security

the Supreme People's court, the Supreme People's Procuratorate and the Ministry of public security Opinions of the Ministry of public security on Several Issues concerning the application of law in handling cases of Internet gambling crimes Public Security Bureau:
in order to punish the crime of online gambling according to law, according to the relevant provisions of the criminal law of the people's Republic of China, the criminal procere law of the people's Republic of China and the interpretation of the Supreme People's court and the Supreme People's Procuratorate on some issues concerning the specific application of law in handling criminal cases of gambling, combined with judicial practice, This paper puts forward the following opinions on Several Issues concerning the application of law in handling online gambling crimes:
1. The conviction and sentencing standards for online gambling crimes
using the Internet and mobile communication terminals to transmit gambling videos and data and organize gambling activities has one of the following situations, According to the second paragraph of Article 303 of the criminal law,
(1) establishing gambling websites and accepting bets
(2) setting up gambling websites and providing them to others to organize gambling< (3) acting as an agent for gambling websites and accepting bets< (4) participating in the profit sharing of gambling websites< (1) the cumulative amount of profits from the fish taking out a lot of fish reaches more than 30000 yuan; and (2) the amount of profits from the fish taking out a lot of fish reaches more than 30000 yuan< (2) the total amount of gambling capital is more than 300000 yuan
(3) the total number of gamblers is more than 120< (4) organizing gambling by providing it to others after establishing a gambling website, and the amount of illegal income is more than 30000 yuan< (5) participating in the profit sharing of gambling websites, and the amount of illegal income is more than 30000 yuan< (6) recruiting lower level agents for gambling websites, and the lower level agents accept bets< (7) soliciting minors to participate in online gambling< (8) other serious circumstances< (1) providing gambling websites with internet access, server hosting, network storage space, communication transmission channel, Internet access, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet connection, Internet Advertising, membership development, software development, technical support and other services, the amount of service charge is more than 20000 yuan
(2) providing fund payment settlement services for gambling websites, charging service fees of more than 10000 yuan or helping to collect gambling funds of more than 200000 yuan
(3) placing advertisements related to website address, odds and other information for more than 10 gambling websites, or placing more than 100 advertisements for gambling websites in total
if the number or amount of the acts specified in the preceding paragraph reaches more than five times the standard specified in the preceding paragraph, it shall be deemed as "serious circumstances" as stipulated in the second paragraph of Article 303 of the criminal law< In case of any of the following circumstances, the perpetrator shall be deemed to be "aware", except that there is evidence to prove that he does not know:
(1) the perpetrator still carries out the above-mentioned act after receiving the written notice from the competent administrative authority
(2) providing internet access, server hosting, network storage space, communication transmission channel, advertising, software development, technical support, fund payment and settlement services for gambling websites, and charging service fees is obviously abnormal
(three) when investigating the law enforcement personnel, they deliberately evade investigation or inform the suspect by destroying, modifying data and accounting books. (4) other evidence proving that the perpetrator knows it
If a suspect with a casino has not yet arrived, but does not affect the determination of the facts of the crime committed by a joint criminal suspect or defendant, he may be convicted and punished according to law. Third, about the number of gamblers, the amount of gambling money and the identification of website agents in online gambling crime
the number of member accounts of gambling websites can be identified as the number of gamblers. If it is verified that one account is used by more than one person or more than one person, the number of gamblers should be calculated according to the actual number of users
the amount of gambling capital can be determined by multiplying the number of points bet or won on the Internet by the amount actually represented by each point
if the funds are directly or indirectly converted into virtual goods such as virtual currency and game props, and used as chips to bet, the amount of gambling money shall be determined according to the amount of funds required to purchase the virtual goods or the amount of funds actually paid
for the funds in a bank account for gambling and gambling, the suspect and defendant can not be identified as gambling money. The number of bank accounts that transfer funds into or out of the bank account can be identified as the number of gamblers. If it is verified that an account is used by more than one person or multiple accounts are used by one person, the number of gamblers shall be calculated according to the actual number of users
there is evidence that the suspect's account number on the gambling website is set up as a proxy for the gambling website. Fourth, on the jurisdiction of online gambling crime cases, we should adhere to the principle that the jurisdiction of the place of crime should be the main one, and the jurisdiction of the defendant's residence should be the secondary one
"place of crime" includes the place where the gambling website server is located, the place where the network access is located, the place where the gambling website founder and manager are located, and the place where the gambling website agent and gambler carry out online gambling
if there is a dispute over the jurisdiction of the public security organs to investigate and handle cross regional Internet gambling crime cases, it should be settled through careful consultation in accordance with the principle of being concive to finding out the facts of the crime and being concive to litigation. If no agreement can be reached through consultation, the case shall be reported to the common superior public security organ for designation of jurisdiction. The Ministry of public security, in consultation with the Supreme People's court and the Supreme People's Procuratorate, may, when necessary, designate jurisdiction over major Internet gambling cases involving trans province (autonomous region or municipality directly under the central government) that are about to be investigated
in order to ensure timely closure and avoid prolonged detention, the people's Procuratorate has submitted a case for the public security organ to bring a case for review, arrest and transfer to a prosecution. The people's court has submitted a case of jurisdiction against the suspect, defendant and his defender, and found that the case has no jurisdiction over the case that has entered the trial procere, and the people's Procuratorate under the case is found to have no jurisdiction. After examination, the people's court may report to the people's Procuratorate at a higher level according to law
2. The most important thing is when the outpatient service of that expert ends
if you can get to the hospital before the end of his outpatient time
even the last one is OK! Call the hospital or call 114 to ask! 114 have the West China registration service, should be able to know the outpatient service time.
3. Open the network search, input "West China Hospital" in the search column, search and find the official website of West China Hospital of Sichuan University, then click to enter

2. After entering the official website of West China Hospital of Sichuan University, find the item "public version" and click to enter

3. After entering the public version, find the item "patient service" and click to enter

4. After entering the patient service, find the "appointment registration" item and click to enter

5. After entering the appointment registration, find the Department that you want to register. Take "mental health center clinic" as an example, find the Department of "mental health center clinic" and click enter

on Saturday, after entering the outpatient department of mental health center, select the appointment time. Here, take December 20 (Thursday) as an example, click December 20 (Thursday) to enter

7. After entering December 20 (Thursday), you can choose the doctor of that day for registration.
4. "Family number, expert number"! Around the outpatient square of West China Hospital, you can often hear such a cry, which makes you inevitably complain that "the number of West China Hospital has been robbed by" scalpers "! Pro, "scalpers" are not as powerful as you think. They are just good at learning and mastering several registration methods! This strategy will teach you how to win "cattle"
first of all, we need to say that the real name system is implemented in West China Hospital, and the doctor has the right to refuse to see a doctor without a medical card! If you use the "scalpers" to grab the number, you have to use his medical card, not only your condition can not be accurately recorded, but also the doctor refused to diagnose, leakage of personal privacy and other risks! So when we meet the touting of "scalpers", our suggestion is: decisive say no

if you want to ask, I don't want to take care of the scalper business, but I have a headache when I think of the experience of registration a few years ago. I don't even dare to go to the toilet when I'm in line in the middle of the night. I'm too old to afford it. What should I do? See here, we have to say, pro, so many years have passed, dare to stand in line in the middle of the night registration of the old yellow calendar, you still remember?! After more than ten years of exploration, West China Hospital has accumulated rich experience in appointment registration. Last year, it added the wings of mobile Internet and realized online and mobile wechat appointment registration. The appointment registration channels have covered many ways, such as on-site, telephone, banking, network, wechat and so on. It has basically realized "minute registration without leaving home"! Now we will explain for you, how to register< When it comes to registration, we have to talk about the business of handling the card! People often ask, how can I make an appointment for registration without a medical card? Pro, our hospital is a real name system. Both appointment registration and medical treatment need to hold the patient's own real name medical card of West China Hospital. This card is not only used in the registration, medical treatment, payment, medicine collection, inspection and admission of West China Hospital, but also can fully record your historical diagnosis and treatment information in West China Hospital, Your past medical history is displayed in front of the doctor for reference! Such an important and valuable clinic card is worth having

then, how can we have such a "medical artifact" of West China hospital

in fact, it's very simple. If you are in Cheng, you can go directly to the outpatient department of West China Hospital (including the headquarters of West China Hospital, Shangjin District of West China Hospital and Wenjiang District of West China Hospital) to apply for the West China registered medical card. You can bring your ID card (or household register, birth certificate, etc.) and enter the telephone number on the automatic card machine in the outpatient hall, The card spits out automatically

someone asked, I'm out of town, how can I fix it? Pro, if you are in Sichuan (including Cheng, of course), you can easily handle it in the local construction bank (West China health long card), instrial and Commercial Bank of China (West China health smart card) and postal savings bank (green card West China health card); What you need to be reminded is that in some areas, you may need to go to a branch or a larger bank. Please consult the local bank staff for details. Finally, remember to accurately tell the bank staff when handling, what you need to do is a bank medical card that can be registered in West China Hospital

by the way, we can also apply for the West China registered medical card in the West China regional collaborative hospitals (including Jintang, Pengzhou, Pixian people's Hospital, 363 hospital, etc.) (these suburban people are blessed)

the five kinds of real name clinic cards (West China registered clinic card, West China registered clinic card, West China health long card, West China health smart card, green card West China health card) introced above all work equally well in West China Hospital, with the same appointment registration and treatment functions< Second, it's time to talk about the registration of the real name clinic card! Needless to say, take the real name clinic card of West China Hospital, come to the outpatient department of the hospital on the day of treatment, line up and tell the staff what department you want to hang up. It's so simple (of course, you can also operate on the self-service registration machine in the outpatient Hall, and you can make an appointment for up to 30 days)! See here, someone must have an opinion: last time I came to the clinic for registration, I came very early, and the queue time was not long, but the staff told me that there was no expert number, what do you mean

pro, "the expert number is gone" means that the expert number of the Department you want to hang up on this day has been reserved in advance by other patients! Let me tell you quietly that all specialist number sources of West China Hospital are open for appointment! You're not wrong, it's all! If you sit at home, you can drag your favorite expert number in your hand at most 60 days in advance. If you have a number in your hand, you will not panic! Now I'll tell you about the five ways of appointment registration currently provided by West China Hospital

1. Telephone appointment registration (the number source can be reserved within 60 days)

Telecom 114 appointment registration: Dial 114-7-1 (it's 114 in Sichuan) for telephone appointment, and complete the appointment registration according to the voice prompt

bank service hotline appointment registration: Huaxi health long card (dial 95533), Huaxi health smart card (dial 95588), green card Huaxi health card (dial 95580), according to the voice prompt to complete the appointment registration

2. Online appointment registration (the number source can be reserved within 30 days)

you can log in to the official website of West China Hospital www.cd120.com , register as a member of the website, bind the clinic card, and make doctor inquiry and appointment registration according to the prompts of the website

3. Wechat appointment registration (can be made within 30 days)

you can use wechat to follow the public service number "West China Hospital of Sichuan University" (wechat: WestChina)_ Hospital), bind the clinic card, and follow the prompts for doctor inquiry and appointment registration

after successful registration by the above three ways, you can pay and get the number from the number collection desk 114 on the second and third floors of the first outpatient building from the date of successful appointment. Although the first outpatient and the second outpatient can get through the card, but in order to rece your running, if you are connecting with the mental health center, neurology department, Department of health, Department of health, Department of health, Department of health, Department of health, Department of health, Department of health, Department of health, Department of health, Department of health, Department of health, Department of health The address of sleep medicine specialty is the number of the second outpatient department. It is suggested to pay and get the registration at the registration window on the first floor of the second outpatient department

4. Outpatient (on-site) appointment registration

self service machine appointment: you can make an on-site appointment through the self-service registration machine in each area of the outpatient building. If you hold the bank medical card of West China Hospital, you can also directly pay the registration fee and print the registration form. This method can reserve the number source within 30 days

outpatient clinic appointment: if you need to return visit within 60 days, the doctor can directly make an appointment for your next visit after this visit, or ask the nurse at the information desk to help you make an appointment. I need to remind you that you must get the number within 1 hour after the successful appointment. If it is overe, you need to make an appointment again

5. The bank self-service terminal can make an appointment for registration (the number source can be reserved within 60 days)

if you hold the West China Health dragon card, West China health smart card or green card West China health card, you can make an appointment for registration at the BSM self-service inquiry terminal of the corresponding bank branch in Sichuan Province, and make self-service payment and print the registration slip. The voucher is the same as the registration form, and there is no need to get another registration. You can go to the doctor with the registration voucher and the clinic card

speaking of this, someone asked me, I used the method all the time, but I didn't get it ××× What about the number of the expert? Pro, see this, I can only say sorry, some experts need to "grab" the number, in fact, many experts with the same specialist level is just, the number can also be made an appointment in advance, our suggestion is that you can choose other doctors with the same specialist, there is no need to "hold on to one person, never leave"

it is often asked, why don't I see the gynecological number on the Internet? Pro, it seems that it's time to popularize science about the division of labor among the four hospitals in West China:

West China Hospital (also known as our hospital, referred to as "Sichuan medicine"): General Hospital, without Gynecology, obstetrics, pediatrics (under 14 years old), stomatology related departments<

the second West China Hospital (also known as West China Women's and children's Hospital, West China Second Affiliated Hospital): specialized hospitals, including Gynecology, obstetrics, pediatrics (under 14 years old), etc<

West China stomatological hospital: a specialized hospital with stomatological departments<

West China fourth hospital: specialized hospital, occupational disease prevention and treatment hospital

finally, it should be emphasized that although the four affiliated hospitals in West China work closely with each other in medical business, they are independent in management. Therefore, for those who want to be registered as stomatologists, gynecologists and obstetricians, you know how to find them

finally, I have to remind you that since the online reservation was opened, people often ask how the system prompts that the number of appointments has exceeded the limit? A check of his records, has hung up three times, to see and has canceled three times, there are two or hang the same person! Pro, although online, wechat appointment and cancellation are very convenient, you still have to think about it before you hang up. Within 30 days, there is a limit on the number of registration times of the same person (no matter how many cards you hold)

Dear friends, this strategy is combined with the previous "West China hospital treatment strategy 1: how to choose the right doctor". If you can really understand, West China hospital does not need the guidance of "Acquaintances"! Attach the original address of "strategy one" for reference

strategy 1: https://www.cd120.com/htmlylfwjiuyinan/67878.jhtml

attachment: frequently asked questions

1. What should I do if I breach the medical card

if you do not pay for the number or cancel the appointment after the appointment, it will be considered as a breach of contract. After three times of default, the system will automatically lock the appointment registration function of your card. In the future, this card can only be registered on site on the same day. If you need to unlock, you need to bring your medical card and ID card to the outpatient office to register and verify the information before unlocking half a year. So dear friends, if you can't see a doctor on time after making an appointment, you must remember to cancel the appointment (cancellation needs to be done through the same channel as registration, for example, if you make an appointment on wechat, you need to cancel it on wechat). Let's cherish the credit and stay away from breach of contract

2. How can a child apply for a medical card without an ID card

bring your child's household registration book or birth certificate

3. What should I do if I lose my medical card

where to apply for a new medical card, please remember to bring your ID card

4. Outpatient on-site registration time

stop the doctor's registration at 4 pm from Monday to Friday, and stop the on-site appointment registration at 5 pm. All registration stops at 4pm on Saturday and Sunday.
5. Can register, do a temporary medical card, you have her basic information is OK. You can register one week in advance
there is an appointment registration office on the 2nd floor of West China Clinic hall! However, the general hanging is not what the expert number is< However, the mental health center is on Gongxing Road, West China No.2 clinic! How to register is not very clear
you don't need your ID card
6. Huaxi's doctor number is difficult to hang up. It's suggested to see the Fourth People's Hospital of Cheng, where the doctors can come is super good!
7.

bus line: No.1 fast bus, about 10.1km in the whole journey

1. Walk about 960m from Caitang to Caitang station

2. Take No.1 fast bus, pass 9 stops, and reach Sibei station (or take No.2 fast bus)

3. Walk about 50m to Xiamen Eye Center building

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