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	INTERPRETATION OF THE SUPREME PEOPLE'S COURT AND SUPREME PEOPLE'S PROCURATORATE ON THE APPLICATION OF LAW IN GAMBLING CRIMINAL CASES

	(Announcement of the Supreme People's Court and Supreme People's Procuratorate of the People's Republic of China (Judicial Interpretation No. 3 [2005]), May 11, 2005: adopted at the 1349th meeting of the Adjudication Committee of the Supreme People's Court on April 26, 2005 and were adopted at the 34th meeting of the 10th Procuratorate Committee of the Supreme People's Procuratorate on May 8, 2005, and shall be implemented as of May 13, 2005)


SUBJECT : LEGAL INTERPRETATION; GAMBLING CRIMINAL CASES
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT, THE SUPREME PEOPLE'S PROCURATORATE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 05/11/2005
IMPLEMENT DATE : 05/13/2005
LENGTH : 633 words
TEXT :

In order to punish the gambling criminal activities, according to the relevant provisions of the Criminal Law, the interpretation on the application of law in gambling criminal cases is hereby made as follows:

Article 1. Whoever, for the purpose of making profits, is under any of the following circumstances shall fall within the scope of "gathering people to engage in gambling" described in Article 303 of the Criminal Law:

(1) Organizing 3 persons or more to engage in gambling and having accumulatively reaped illicit gains in a sum of 5,000 yuan or more by taking a percentage from the gambling money;

(2) Organizing 3 or more persons to engage in gambling and the accumulative gambling stakes accounting for 50,000 yuan or more;

(3) Organizing 3 or more persons to engage in gambling and the accumulative number of gamblers accounting for 20 or more; or

(4) Organizing 10 or more persons to engage in gambling abroad and from which he charges kickbacks and referral fees.

Article 2. Whoever, for the purpose of making profits, establishes any gambling website on the computer network or accepts gambling stakes by acting as the agent of a gambling website shall fall within the scope of "running a gambling house" prescribed in Article 303 of the Criminal Law.

Article 3. Where a citizen of the People's Republic of China gathers people to engage in gambling or runs a gambling house in the surrounding areas of China by attracting Chinese citizens as the main resource of gamblers, if his act constitutes the crime of gambling, he may be subject to the criminal liabilities pursuant to the Criminal Law.

Article 4. Where a person provides any other person with direct help in the aspect of money, computer network, telecommunications, settlement of expenditure, etc., while being clearly aware that the person is conducting a crime of gambling, he shall be punished as an accomplice.

Article 5. Whoever, under any of the following circumstances, commits a crime of gambling shall be given a heavier punishment in accordance with Article 303 of the Criminal Law:

(1) Being a state functionary;

(2) Organizing the state functionaries to engage in gambling abroad; or

(3) Organizing minors to participate in gambling or running a gambling house to attract minors to participate in gambling.

Article 6. Where any person issues or sells lotteries without the approval of the state, if his act constitutes a crime, he shall be punished according to the crime of illegal business operations provided in Article 225 (4) of the Criminal Law.

Article 7. Where any person bribes any other person or accepts any bribe by way of gambling or providing a state functionary with the gambling money, if his act constitutes a crime, he shall be punished according to the crime of bribery provided by the Criminal Law.

Article 8. Where, in a crime of gambling, the money and articles are used as gambling stakes, or in exchange for chips, or obtained by gambling, such money and articles shall fall within the scope of gambling money. Where a crime of gambling is committed through the computer network, the sum of gambling money may be determined by multiplying the stakes thrown into the computer network or the number of points won in the gambling by the sum of money actually represented by each point.

The gambling money shall be recovered pursuant to law. The gambling devices, illegal gains of gambling, as well as the gambling money, transport tools and communication tools specially used for gambling shall be confiscated in accordance with the law.

Article 9. Those who, for non-profit purposes, engage in win-or-loss entertainments involving a small amount of property, or provide chess & cards rooms or other entertainment places and only charge normal place and service fees shall not be punished as gambling.