Extending the criminal black hand to the mainland will surely be severely punished by the law - Qu Xinjiu, a professor at the China University of Political Science and Law

A few days ago, the public security organs cracked a cross-border gambling crime led by Zhou Zhuohua, a resident of Macao, China. On November 26, the Wenzhou Municipal People's Procuratorate approved the arrest of criminal suspect Zhou Zhuohua in accordance with the law. How to view this crackdown on cross-border gambling crimes from a legal perspective, the reporter interviewed Qu Xinjiu, a professor at China University of Political Science and Law.

Reporter: How do you view the illegal and criminal phenomenon of cross-border gambling groups against Chinese citizens?

Qu Xinjiu: In recent years, cross-border gambling and online gambling groups have become increasingly prominent in their illegal activities in attracting and gambling on Chinese citizens, breeding a series of vicious cases such as money laundering, illegal detention, kidnapping, and homicide, which seriously violate China's laws and regulations, affect China's economic security, social stability, and the vital interests of the people, and cause great harm.

In this regard, China's public security organs have continuously intensified their crackdown on such criminal acts. For example, the public security organs of Jilin and Heilongjiang provinces recently cracked the case of organizing Chinese citizens to go to the "Crystal Tiger Palace" casino in Primorsky Krai, Russia. The arrest of Macao criminal suspect Zhou Zhuohua by the Wenzhou procuratorate in accordance with the law demonstrates the Chinese government's resolute attitude towards "zero tolerance" for cross-border gambling crimes and its firm stand on cracking down on such crimes, and draws a clear red line for overseas gambling groups, that is, no matter which country or region casino, whether it is legal in the local area, as long as the criminal black hand is extended to the mainland, it will be severely punished by the law.

Reporter: How to understand the background of the Criminal Suspect's Macao citizenship in this case?

Qu Xinjiu: The purpose of the public security organs' crackdown on the solicitation and gambling of mainland residents by overseas gambling groups is to effectively safeguard China's economic security, social stability and national image, rather than targeting the normal business activities of the gaming industry in the Macao Special Administrative Region.

Operators and practitioners of the gaming industry in the Macao Special Administrative Region may engage in business activities permitted by relevant local laws in Macao. However, its conduct in the Mainland must comply with the relevant laws and regulations of the Mainland, and those who violate the laws of the Mainland and constitute a crime will be investigated for criminal responsibility in strict accordance with law.

Reporter: How to determine the criminal behavior of criminal suspect Zhou Zhuohua?

Qu Xinjiu: Criminal suspect Zhou Zhuohua made huge profits, relying on Sun City Gaming Intermediary One-Man Co., Ltd., to form a cross-border gambling criminal group, instructing others to go to Chinese mainland to develop agents, organizing mainland personnel to go to Macao to gamble or participate in online gambling, and setting up companies in the mainland to dispose of gambling-related assets, collect gambling debts, and help customers with cross-border fund redemption and other activities. If their conduct occurs in Chinese mainland and seriously obstructs the order of social management in the interior, the Criminal Law of the People's Republic of China shall be applied and their criminal responsibility shall be pursued in accordance with law.

Reporter: Regarding illegal and criminal acts of gambling, what are the relevant laws and regulations in China?

Qu Xinjiu: In recent years, China has continuously strengthened its legislative work to crack down on gambling crimes, effectively enhancing the deterrent effect of the law. For example, in October 2020, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly formulated the Opinions on Several Issues Concerning the Handling of Cross-border Gambling Crime Cases, clarifying the identification and handling of cross-border gambling crimes, the determination and handling of gambling funds, and the jurisdiction of cases; the Criminal Law Amendment (11) adopted in December 2020 adjusted the criminal punishment allocation for the crime of opening a casino, increasing the "three years" of fixed-term imprisonment of less than three years, criminal detention or public surveillance to "five years", and the serious circumstances. The sentence of fixed-term imprisonment of not less than three years but not more than ten years is increased to "five years"; at the same time, the crime of organizing gambling outside the participating country (territory) is added, and if the amount of money is huge or there are other serious circumstances, it shall be punished in accordance with the crime of opening a casino.

These legal provisions send a strong signal that the Chinese government will continue to increase legal penalties for cross-border gambling crimes and severely crack down on related illegal and criminal activities.

Source: People's Daily