• Document Number：No.17 [2014] of the Supreme People's Court
• Area of Law： Constitution Criminal Law
• Level of Authority： Documents of Judicial Interpretation Nature
• Date issued：03-26-2014
• Effective Date：03-26-2014
• Issuing Authority： Supreme People's Court Supreme People's Procuratorate Ministry of Public Security
• Status： Effective

Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues concerning the Application of Law in the Handling of Cases Involving the Use of Gambling Machines to Open Casinos

(No.17 [2014] of the Supreme People's Court)
The higher people's courts, the people's procuratorates and the departments (bureaus) of public security of all provinces, autonomous regions and municipalities directly under the Central Government; the military courts and military procuratorates of the People's Liberation Army; the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region; and the People's Procuratorate and the Public Security Bureau of Xinjiang Production and Construction Corps:
To punish the criminal activities of opening casinos using electronic game facilities and equipment with gambling functions, in accordance with the Criminal Law of the People's Republic of China, the Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues concerning the Specific Application of Law in Handling Gambling Criminal Cases and other relevant provisions, and in light of the judicial practice, the following opinions are hereby offered on the application of law in handling such type of cases:
I. Determination of the nature of organizing gambling by using gambling machines
Whoever sets up electronic game facilities and equipment with such gambling functions as refunding coins, points and steel balls, and organizes gambling activities by taking cash, negotiable securities, a large sum of money or valuable objects as the prize, or providing others with cash, negotiable securities, a large sum of money or valuable objects in the form of repurchasing prize shall be determined as the act of “opening casinos” as prescribed in Article 303 (2) of the Criminal Law.
II. Standards for the conviction and punishment of opening casinos by using gambling machines
Whoever sets up gambling machines to organize gambling activities under any of the following circumstances shall be convicted of and punished for the crime of opening casinos in accordance with Article 303 (2) of the Criminal Law:
(1) setting up ten or more gambling machines;
(2) setting up two or more gambling machines and providing shelters for the minor's gambling;
(3) setting up two or more gambling machines near middle and primary schools;
(4) the accumulative illegal income reaches 5,000 yuan or more;
(5) the accumulative amount of stakes reaches 50,000 yuan or more;
(6) the accumulative number of gamblers reaches 20 or more;
(7) setting up five or more gambling machines within two years after having been given an administrative penalty for setting up gambling machines;
(8) setting up five or more gambling machines within five years after having been given a criminal punishment for committing the crime of gambling or opening casinos; or
(9) any other circumstance under which the violator shall be subject to criminal liability.
Any of the following circumstances of setting up gambling machines to organize gambling activities shall be deemed as a “serious circumstance” as prescribed in Article 303 (2) of the Criminal Law:
(1) The number or amount reaches more than six times the standards as prescribed in items (1) to (6), paragraph 1 of Article 2;
(2) setting up 30 or more gambling machines within two years after having been given an administrative penalty for setting up gambling machines;
(3) setting up 30 or more gambling machines within five years after having been given a criminal punishment for committing the crime of gambling or opening casinos; or
(4) any other serious circumstance.
The number of gambling machines that may be used by many persons at the same time shall be determined based on the number of basic operating units that are available for one person to conduct gambling activities independently.
For the setup of gambling machines in two or more locations, the number of gambling machines, illegal income, amount of stakes, and number of gamblers, among others, shall all be calculated on a consolidated basis.
III. Determination of accomplice
Whoever, knowing that another person opens a casino by using gambling machines, falls under any of the following circumstances shall be punished as an accomplice in the crime of opening casinos:
(1) providing gambling machines, funds, premises, technical support or fund settlement services;
(2) being hired to participate in the business operation and management of casinos, and distribution of profits;
(3) organizing customer sources for the person who opens a casino, and charging kickbacks and commissions;
(4) participating in the management of a casino and receiving high fixed salary; or
(5) providing any other direct assistance.
IV. Standards for the conviction and sentencing of production or sale of gambling machines
Whoever, in violation of the provisions of the state, illegally produces or sells electronic game facilities and equipment with such gambling functions as refunding coins, points and steel balls or their special software for the purpose of providing them to others to open a casino shall, if the circumstances are serious, be convicted of and punished for the crime of illegal operation in accordance with Article 225 of the Criminal Law.
Any of the following circumstances of committing any conduct as set forth in the preceding paragraph shall be deemed as conducting a “serious” illegal operation:
(1) The amount of illegal operation by an individual is 50,000 yuan or more, or the amount of illegal income of an individual is 10,000 yuan or more;
(2) The amount of illegal operation by an entity is 500,000 yuan or more, or the amount of illegal income of an entity is 100,000 yuan or more;
(3) having been given administrative penalties for two times or more in the last two years for the illegal production or sale of gambling machines within two years, and conducting the same kind of illegal business operation once again, though the aforesaid amount standard has not been reached; or
(4) any other serious circumstance.
Any of the following circumstances shall be deemed as conducting a “particularly serious” illegal operation:
(1) The amount of illegal operation by an individual is 250,000 yuan or more, or the amount of illegal income of an individual is 50,000 yuan or more.
(2) The amount of illegal operation by an entity is 2.5 million yuan or more, or the amount of illegal income of an entity is 500,000 yuan or more.
V. Determination of stakes
For the purposes of these Opinions, stakes include:
(1) money and objects used for gambling, which are seized on the spot;
(2) the actual amount represented by tokens, negotiable securities, and gambling points, among others; and
(3) the actual amount represented by the points betted or won on gambling machines.
VI. Determination of gambling machines
The public security authority shall fix evidence in a timely manner and determine gambling machines involved in a case by such means as taking photos and visual records. If it is difficult to determine gambling machines, the judicial authority may entrust the public security authority at or above the prefecture level to issue an inspection report. The judicial authority shall determine gambling machines according to the inspection report and in light of the specific case circumstances. When necessary, the people's court may notify inspectors to appear in court and make an explanation in accordance with the law.
VII. Understanding of the criminal policy of combining leniency with rigidity
When the cases on opening casinos by using gambling machines are handled, the criminal policy of combining leniency with rigidity shall be implemented to mainly crack down on the capital contributors and business operators of casinos. The hired personnel engaging in such activities as picking up gamblers, being on the lookout, being the dealer, and exchanging for chips shall generally not be subject to criminal liability except that they participate in the distribution of profits in casinos or receive high fixed salary, and may be given public security punishments by public security authorities in accordance with law. Those engaging in the entertainment activities of setting up gaming machines and exchanging for few prizes once shall not be convicted of and punished for illegal or criminal activities.
VIII. Handling of malfeasance crimes committed by state functionaries
Where any state functionary responsible for suppressing gambling activities bends the law for private benefits, harbors or connives at the illegal and criminal activities of opening a casino, tips off or provides convenience to the criminal, or assists the criminals in evading the punishment, which constitutes a crime, the functionary shall be subject to criminal liability in accordance with law.
Any state functionary that participates in the crime of opening casinos by using gambling machines shall be given a heavier punishment.
Supreme People's Court
Supreme People's Procuratorate
Ministry of Public Security
March 26, 2014