Will gambling be sentenced?

Gambling may not be sentenced. China's criminal law only punishes gambling in groups and gambling as a profession, and does not punish other recreational activities, such as playing mahjong for the elderly. Therefore, gambling does not necessarily constitute a crime. The key is to see whether gambling is in line with the prison term prescribed by law. If not, it does not constitute a crime.

The conditions for the crime of gambling are as follows:

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.

Among them, the situation of "gathering people to gamble" mainly includes:

1, organized gambling for more than 3 people, 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 gambling participants reaches more than 20.

4. Organize 10 China citizens to gamble overseas, and collect kickbacks and referral fees from them.

How to measure the penalty for gambling crime;

According to Article 303 of China's Criminal Law, anyone who gathers people to gamble, runs casinos or takes gambling as his occupation for the purpose of making profits shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.

In addition, according to Article 5 of the Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Gambling Criminal Cases, if one of the following circumstances constitutes a gambling crime, it 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.