China football gambling anti false business, involved the list update. Who is a series of problems, how to set, how the CANDU still foggy, so it is difficult to specific case analysis of criminal responsibility, but may involve the charge to be discussed.
open casinos to build gambling sites up to 10 years
refers to gambling, accidentally or gambling thing or game behavior to property. China’s criminal law, the crime of gambling, casino crime provisions in the crime of disrupting public order, the purpose of its establishment should be to protect the property obtained by the labor of a national economic life style and order.
refers to the crime of gambling for-profit, gambling or gambling industry, the June 29, 2006 criminal law amendment (six) will be the crime of gambling in casinos (including the construction of gambling sites or as agent for the gambling sites to accept bets) a separate crime, and the maximum penalty from three years to ten years following the following. If Huang Jianxiang according to insiders point of view "in the China football soccer gambling is most rampant is approximately from 2003 to 2005, then the amendment (six) casino behavior before the entry into force, in accordance with the criminal law" from the old and lighter "principle, still should be in accordance with the highest penalty three years in sentencing.
has set the score before the match fraud
but with cancer of soccer gambling is match-fixing, which relates to the problem of gambling fraud. Which country has won the League rarely heard or all negative team depends on the outcome of football matches, the strength of state and live performance, with uncertainty, so in order to become the object of betting. However, if the general manager of the club, the coach, 1+2+1 players in the game before the score has been identified, in fact, this kind of "uncertainty" can not appear. Other unknown to the gambling participant (maybe even including the dealer) is the crime of fraud victims, and in order to cheat and fraud should be combined stakes of common crime constitute fraud.
the above analysis there are still obstacles in the application of law, which the Supreme Court of March 12, 1991 "on the trap lured him to get money gambled case should be how to convict problems call" pointed out: "for the behavior for the purpose of profit, to set the trap, tricked into others gambling behavior, criminal responsibility should be punished for the crime of gambling." The answer is quite different from the theory of criminal law and the handling of similar cases abroad. Set a gamble is only like gambling, had no chance of winning or losing, but the behavior of people camouflage are accidental, inducement to engage in gambling, and other illegal behavior of the property, does not match the characteristics of gambling aleatory, fully consistent with the fraud behavior patterns.
match-fixing gambling cheat according to the crime of fraud of the highest imprisonment
although gambling is illegal, but the illegal behavior through the fictional facts and make others mistake delivery to conceal the truth, but also constitute the crime of fraud. As in poison >