Penalty Standard for Opening Casino in 2024

1、 What is the sentencing standard for opening a casino

Crime of opening a casino It refers to whether there is any behavior of gathering people to gamble, opening casinos and taking gambling as a profession objectively.

Those who gather people to gamble or engage in gambling for the purpose of making profits shall be sentenced to less than three years fixed-term imprisonment 、 criminal detention perhaps control , and fine 。

Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five 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 five years but not more than 10 years and shall also be fined.

Whoever organizes citizens of the People's Republic of China to participate in gambling outside the country (frontier), if the amount involved is huge or if there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph.

2、 How to Determine the Crime of Opening Casino

（1） Comparison of Crime of Gathering Gambling and Opening Casino

The so-called gathering of people to gamble means to organize and attract many people to gamble and make profits from it. Such people are commonly known as "gamblers". The gamblers themselves may not directly participate in gambling.

The so-called gambling as a profession means that people who are addicted to gambling, always gamble, and take gambling income as their source of livelihood. This kind of people is commonly known as "gamblers". Here, attention should be paid to the time continuity and long-term nature of gambling behavior. The specific identification shall be determined according to the actual situation.

The so-called opening of casinos refers to the act of opening and operating casinos, providing gambling places and tools for others to gamble in and make profits.

（2） Gather a crowd Gambling crime And the crime of opening a casino

Gathering people to gamble and opening casinos both provide physical conveniences such as places and gambling equipment for gambling. The difference between the two is:

1. The scale of crowd gambling is generally small, and the head gambler usually uses his interpersonal relationship to organize others to participate in gambling in a small range. In the behavior of crowd gambling, its members are relatively fixed, and the head gambler also participates in gambling; The casino has a certain scale and many people participate in gambling.

There is a strict organization and clear division of labor within the casino. There are casino service personnel who are responsible for charging, bookkeeping, licensing or shuffling in the casino. There are special personnel to watch out. Only when gamblers are introduced by gamblers or led by acquaintances can they enter the casino to participate in gambling.

2. Gambling in crowds is usually temporary and temporary. After one gamble is over, the next gamble must be organized again; The opening of a casino has the characteristics of continuity and stability. As long as the gamblers come to the casino within its time, they can carry out gambling activities.

3. The provision of gambling equipment. Sometimes the gambling equipment in the crowd gambling is provided by the convener, sometimes by the participants themselves; The gambling equipment in the casino is generally provided by the casino.

4. The gambling mode of gathering people to gamble is generally determined by the gamblers temporarily; There are various gambling methods for opening casinos, which are generally set by operators in advance to provide chips, and sometimes there are certain gambling procedures.

The main ways to set up casinos are to set up, contract and lease places specially used for gambling under the control of the actors for the purpose of making profits, centered on the actors, and set up gambling websites on the computer network or serve as gambling websites for the purpose of making profits agent , accepting bets. In general, the act of opening a casino must meet the prescribed standards before it can be considered as a crime.