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How much money is gambling punished?

Fri, 11 Aug 2017 18:10:17 PM GMT + 7    Print   Email   Share:

VOV.VN - Legislation regulates that large gambling scales is subject to criminal penalties. A large-scale gamble with at least 10 gamblers, the amount of gambling is worth 2 VND million.

 

Gambling is prohibited by law at the highest possible criminal penalty of up to 10 years. Criminal law and administrative law governing gambling and gambling organizations are the content of a VOV interview with lawyer Nguyen Hong Bach (Vietnamese Bar Federation) through a case in Vietnam, at Bac Ninh Province. In this case, the authorities have collected more than VND 5 billion at the gambling  venue after the case.

 

The participants in the gambling were taken to the custody (Photo: Tien Phong)

 

According to the indictment, Mr. Duong Anh Duc and Mrs. Khuat Thi Huong (live  in Bac Ninh Province) are discussing together to open gambling casino in the form of shaken bowl to earn money. Mr.Duc and Ms. Huong set the rules, when entering the gamble, gamblers have to pay VND 1 million/person/ shift; Those who come to the casino to lend money called "credit" must pay VND 500,000 / person / shift.

 

On November 29, 2012, about 200 policemen from the Police Department of the Ministry of Public Security in collaboration with the special police battalion unexpectedly stormed into the siege, took control of the limbs, quickly raid gamble casino. 104 people have been detained and more than VND 5 billion in cash were seized by police.

According to the survey, gamblers carry at least money of VND 1.5 million, the most is VND 220 million.

Correspondent: Clause 1 of Article 249 of the Criminal Code provides that every people who organizes illegal gambling or organize gambling venue on a large scale or has been administratively sanctioned for acts stipulated in this Article or Article 248 of this Code or has been sentenced to one of these offenses, which has not yet been remanded but is still in violation, is subject to a fine of between VND 10 million and VND 300 million or a prison term of one to five years. So with the acts of renting places to open gamble casino, leading and collecting the money from losers ... of the defendants who have all the elements constituting the offenses according to the above provisions, Sir. lawyer?

Lawyer Nguyen Hong Bach: Organizing gambling is a necessary behavior for gambling to take place, from the act of asking, gathering gamblers to prepare the venues and other necessary conditions as well as managing gambling. Organizing gamble venue is a location-based behavior for gambling for profit. The person who organizes gambling and the person who acts as a gambler may be in one person or the other. Organizing gambling venues behavior is also a manifestation of organized gambling behavior. Therefore, the offender must be a person who does not commit to gambling but only acts to facilitate the venues for gambling for profits. For example, rent a venue to host gambling, or let someone else use their place to gamble to collect money. Persons who commit the aforementioned act shall be guilty of organizing gambling or organizing gambling venues.

According to this provision, the act of opening gamble casino in the form of shaken bowl to make a profit, prepare the place, tools, , attract gamblers to gamble, hire collectors... Enough factors constituting organized crime gambling or gambling are provided in Article 249 of the Penal Code.

 

Capture the exhibits at the gamble spade (Ảnh: Tiền Phong)

 

Correspondent: The law regulates that just large gambling scales are criminal penalized. So how is a big scale, lawyer?

Lawyer Nguyen Hong Bach: The law can not be fully defined and detailed in the law on terms and circumstances for criminal proceedings. Therefore, in order to understand the phrase "large scale", according to resolution No. 01/2010 of the Council of Judges of the Supreme People's Court, large scale is the organization of gambling or organizing venues for gambling at the same time for ten or more gamers, two or more gamble cases , the amount of money and objects used to gamble is worth VND 2 million to less than VND 50 million.

Asset-pledging organization for participants who participate in gambling, install equipment for gambling, assign the realm when gambling, have arrangements escape when being caught, using means such as car, motorbike, cell phone support for gambling is also large. Or the sum of money or artifacts used for gambling in the same time is worth VND 20 million or more.

For acts of organizing gambling or illegal gambling not to the extent of being examined for penal liability, they may be handled for acts of violation according to the provisions of the Government's Decree 167, which stipulate acts of violation. In the field of security and order and prevention of social evils.

Correspondent: In the case in Bac Ninh, when arrest, the police seized the cash amount of more than VND 5 billion, the gamblers carry with them is at least VND 1.5 million, the maximum is VND 220 million, there are up to 104 detainees.Thus, whether all 104 objects are subject to criminal proceedings or not. If all are prosecuted and brought to trial, is there a trial at the same time for interrogation?

Nguyen Hong Bach Lawyer: The parameter that the correspondent has stated is a fairly large gamble, in terms of scale, level, amount, and number of participants. The amount of up to VND 5 billion, including the amount already, is used in gambling; the amount of money seized on the people gambling objects.

Gambling casino may have a lot of gambling venues with different numbers of people and different amounts of gambling, and the amount of money that each person has is different. We must understand that personal factors of different subjects may have people who will be subject to administrative punishment or convicted of previous gambling crimes or organizing crimes; but there are people who have not violated previously, have good personal identities, and sometimes just come to see gambling.

Therefore, the level of assessment in each person as a basis for prosecution of the accused is also different. In principle, anyone who has been prosecuted without waivers will have to go to court; the remaining persons may be witnesses and, depending on the nature, level, behavior, of the court, the judge may summon the person to court for a public questioning at the court to clarify the objective circumstances of the case.

 

Trial of defendants in gamblings

 

Correspondent: In addition to the organizers of the gambling casino, there are many other people on duty, guarding the inside and outside of the gambling venues, drawing people to gambling; Do the duty of leading, collecting money and cleaning ... Are the people hired by the gambling employer are considered as organized crimes, are they handled the criminal proceedings?

Lawyer Nguyen Hong Bach: Behavioral organization of gambling is a necessary behavior for gambling to take place, from the act of asking, gathering gamblers to prepare the place and conditions needed. Set as well as operate the gambling,playing gamble. However, they still do the jobs that they are hired. Therefore, under the provisions of Article 20 of the Penal Code, they may be considered as co-founders in the offense of organizing gambling or gambling center.

 Therefore, the offender must be a person who does not commit to gambling but only acts to facilitate the venue for gambling for profit. For example, rent a venue to host gambling, or let someone else use their place to gamble to collect money. Persons who commit the aforementioned act will be guilty of organized gambling or organizing venues for gambling.

However, consideration should also be given to whether criminal prosecution of these persons depends on many other factors: identity, character, behavior, etc. If their participation is positive , The role in the implementation of the crime is large, will have to prosecute; If not actively, the role is not large, the level of non-dangerous behavior, negligible, good personality, the bodies conducting legal proceedings can completely exempt the criminal responsibility, not pursue them and have administrative penalties.

Correspondent: Those who "do credit" at the gamble venue, who give gamblers a loan to gamble, are subject to criminal penalties for organizing gambling or heavy interest loans.

Lawyer Nguyen Hong Bach: For those who gamble at the casino, if they do not participate in organizing gambling and organizing venues for gambling, their behavior shall not constitute these crime.

The behavior of lending money at high interest rates only constitutes a crime of usury interest as provided in Article 163 of the Penal Code; When the interest rate is higher than the highest interest rate of the law ten times or more, it is exploitative - the lender earning interest as its main source of income, taking usury as a job to earning living shall be prosecuted.

According to the provisions of Clause 1, Article 476 of the 2005 Civil Code, the negotiable interest rates set by the parties must not exceed 150% of the basic interest rate announced by the State Bank for the corresponding lending category.

Provisions of Article 468 of the Civil Code 2015, the interest rate in transactions agreed by the parties, but not exceeding 20% per annum of the loan, unless otherwise provided for by law. Article 201 of the Penal Code 2015 on charges of usury in civil transactions, the act of constituting this crime is the act of lending interest at a rate of 5 times higher than the interest rate prescribed in the Civil Code, Unjustly from VND 30-100 million or have already been administratively sanctioned for this act or have been sentenced for such offense, have not yet been remitted.

If the borrowers in the casino are not sufficiently constituting heavy interest loans and do not participate in the gambling organization, they may be fined for administrative offenses.

Thus, it can be said that our laws handle very seriously the violations of the criminal law provisions in gambling crimes, gambling organization or organizing venues for gambling.

Correspondent: Thank you the Lawyer for your response 

  • By : Online VOV / Translator: HaiYen-Bizic

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