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john's wholesale jewelry Regarding the sentence of online gambling, it is clear that the judicial interpretation is clear; the opinions on the applicable legal issues of the application of online gambling crimes
"Opinions on the applicable legal issues of the application of online gambling crime cases" was in 2010.08.31 by the Ministry of Public Security, the Ministry of Public Security, the Ministry of Public Security, The Supreme People's Court, the Supreme People's Procuratorate promulgated.
HOS, Autonomous Regions, Autonomous Regions, Municipal High People's Courts, People's Procuratorate, Public Security Department, Bureau, Xinjiang Uygur Autonomous Region Senior People's Court Production and Construction Corps Branch, Xinjiang Production and Construction Corps People's Procuratorate, Public Security Bureau:
Gambling criminal activities, in accordance with the relevant provisions of the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China and the Supreme People's Court, the Supreme People's Procuratorate on the Specific Issues of Criminal Cases of Gambling Criminal Cases, combined with judicial practice, combined with judicial practice, combined with judicial practice, Several issues of applicable laws on online gambling crime cases, and put forward the following opinions:
. Criminal quantification standards for online casino crimes
Gambling activities, one of the following circumstances, belongs to the "opening casino" behavior stipulated in Article 303, paragraph 2 of the Criminal Law:
(1) Establishing a gambling website and accepting betting;
(2 ) Establishing gambling websites and providing gambling for others;
(3) In the gambling website as an agent and accepting betting;
(4) Participating in the profit of the gambling website.
Those who have one of the following behaviors shall be identified as one of the following circumstances. More than 30,000 yuan;
(2) The amount of gambling funds has reached more than 300,000 yuan;
(3) The total number of gambling people reached more than 120;
(4) Establishing a gambling website to establish a gambling website After providing gambling for others, the amount of illegal income is more than 30,000 yuan;
(5) Participating in the profit sharing of the gambling website, the amount of illegal income is more than 30,000 yuan;
(6) is gambling for gambling The website recruits the lower -level agent and the lower -level agent accepts betting;
(7) recruits minors to participate in online gambling;
(8) serious situations in other circumstances.
. The identification and punishment of the joint crime of opening a casino on the Internet
The knows that it is a gambling website, and providing the following services or help, it is a common crime to open a casino. Punishment of Article 2 of Article 2:
(1) Provide Internet access, server hosting, network storage space, communication transmission channels, advertising, development members, software development, technical support and other services for gambling websites to collect services The amount of the fee is more than 20,000 yuan;
(2) Provide fund payment settlement services for gambling websites, collect the service fee of more than 10,000 yuan or help collect more than 200,000 yuan in gambling funds; ) For more than 100 advertisements related to information such as more than 10 gambling websites, or more of advertisements such as information such as the website, odds, or more than 100 advertisements for gambling websites.
If the number or quantity of the behavior specified in the preceding paragraph reaches the standard of more than 5 times the standard, it shall be identified as the "serious plot" specified in Article 3003 of the Criminal Law.
The behavior stipulated in the first paragraph of this article, who has one of the following circumstances, shall be determined that the perpetrator "knows", but there is evidence to prove that it does not know:
(1) Receive the administrative authority to receive the administrative authority After notifying in writing and other methods, the above behavior is still implemented;
(2) Provide Internet access, server hosting, network storage space, communication transmission channels, advertising, software development, technical support, capital payment for gambling websites Settlement and other services, the service fee is obviously abnormal;
(3) During the investigation of law enforcement personnel, it deliberately avoids the investigation by destroying, modifying data, ledger, etc. 4) Other evidence proves that the actor knows.
Ifishes that the criminal suspect who opened a casino has not yet arrived, but it does not affect the criminal facts of the criminal facts of the criminal suspect and the defendant who have arrived in the case.
. The number of gambling, the amount of gambling funds and the website agent of the online gambling crime
Plip membership account number of gambling websites can be identified as the number of gamblers. If one person is used, the number of gamblers should be calculated according to the actual number of people used.
The amount of gambling funds can be determined according to the amount of points that are bet or won on the Internet.
For virtual items such as virtual money such as virtual currencies, game props, etc., and using it as a bargaining, the amount of gambling capital is determined according to the amount required for the funds required to purchase the virtual item.
For the funds in the bank accounts that are used for receiving and circulating gambling funds in the crime of opening casino crimes, the suspect and the defendant cannot explain the legal source and may be identified as a gambling capital. The number of bank accounts that transfer to the bank account and transfer funds can be identified as gamblers. If one account is used by multiple people or one person, the number of gamblers should be calculated according to the actual number of people used.
The evidence to prove that the suspect's account setting on the gambling website has a subordinate account, and it shall be determined that it is an agent of the gambling website.
. The jurisdiction of the case of online gambling crime
The regional jurisdiction of the cyber gambling crime case should adhere to the principle of under the jurisdiction of criminal land and supplemented by the defendant's place of residence.
"Criminal Land" includes the location of the gambling website server, the network access place, the location of the gambling website, the place of the gambling website, and the gambling website agent, and the gambling person to implement online gambling.
The public security organs who are controversial about the jurisdiction of investigating cross -regional cyber gambling crime cases, shall conscientiously negotiate and resolve the principle of investigating the facts of criminal facts and conducive to litigation. If the negotiation cannot be reached an agreement, it is reported to the joint jurisdiction of the joint public security organs. For major online gambling cases of cross -provinces (autonomous regions, municipalities), which are about to be investigated, the Supreme People's Court and Supreme People's Procuratorate of the Ministry of Public Security and Supreme People's Procuratorate may be designated if necessary.
In order to ensure timely cases and avoid oversupply, the People's Procuratorate asked the public security organs to review the arrest and transfer to the examination and prosecution. Or if there is no jurisdiction in the case of the case, the people's procuratorate and the people's court may report to the people's procuratorate and the people's court to designate jurisdictions in accordance with the law, and no longer transfer to the people's procuratorate and the people's court with jurisdictions.
. The collection and preservation of electronic evidence
The investigating organ for electronic data such as website page pages, Internet records, email, electronic contract records, electronic account books, etc. It should be extracted, replicated, and fixed as criminal evidence.
The investigators should produce relevant text descriptions on the process of extraction, replication, and fixed electronic data. The record case, object, content, and extraction, replication, fixed time, place, method, electronic data specifications, categories, file formats Wait, signed or stamped by the producer of extraction, replication, and fixed electronic data, and the holder of electronic data, and the extraction, replication, and fixed electronic data are transferred with the case.
For electronic data stored on a computer overseas, or the suspect of the criminal suspect did not arrive when the investigating authority extracts the electronic data from the gambling website, or the holder of the electronic data cannot sign or refuse to sign, it shall be able to be able to be able to sign up. Prove the signature or seal of the witnesses of extraction, replication, and fixed process, and remember the relevant situation. If necessary, take pictures or videos of the process of extraction, replication, and fixed electronic data.
High court
High school court
The Ministry of Public Security
August 31, 2010

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