Understanding and application of the determination of the amount of "relatively large gambling funds" and "serious circumstances" in public security punishments

"Gambling funds" have been clarified, and "serious circumstances" can be punished with 15 days of detention + a fine of 3,000 yuan

Article 70 of the "People's Republic of China Public Security Administration Punishment Law" stipulates that anyone who provides conditions for gambling for the purpose of profit, or participates in gambling with a large amount of money, shall be detained for up to five days or fined not more than 500 yuan; where the circumstances are serious, they are to be detained for between 10 and 15 days and fined between 500 and 3,000 RMB.

I. The Ministry of Public Security's understanding and application of "serious circumstances".

According to Article 78 of the Notice of the Ministry of Public Security on Printing and Distributing the Guiding Opinions on the Discretion of Public Security Organs to Implement Punishments for Some Violations of Public Security Administration (Gongtong Zi [2018] No. 17), any of the following circumstances is a "serious circumstance" of gambling:

1. Gambling in public places or public transportation;

2. Using the Internet, mobile terminal equipment, etc. to place bets;

3. State employees are involved in gambling;

4. Other situations where the circumstances are serious.

II. The understanding and application of the determination of the amount of "relatively large gambling capital" and "serious circumstances" in all localities

(1) Notice of the Zhejiang Provincial Public Security Department on Printing and Distributing the "Zhejiang Provincial Public Security Organs' Administrative Punishment Discretionary Standards (Revision)" (Zhe Gong Tong Zi [2021] No. 12)

1. The gambling capital is large

(1) The individual gambling capital is 400 yuan or the average gambling capital per person is 500 yuan seized at the scene;

(2) The individual wins and losses in a single game are 20 yuan, or the overall win or loss in a single game is more than 200 yuan.

2. The circumstances are serious

(1) Personal gambling funds of more than 10,000 yuan;

(2) The per capita gambling amount of a single game is more than 10,000 yuan;

(3) The amount of personal single (round) gambling wins and losses is more than 500 yuan.

(2) Decision of the Shanghai Municipal Public Security Bureau on Amending the Discretionary Criteria for the Implementation of Penalties for Some Violations of Public Security Administration by the Shanghai Municipal Public Security Bureau (Hu Gong Xing Gui [2023] No. 5)

1. The gambling capital is large

(1) Personal gambling funds of more than 200 yuan;

(2) The per capita gambling funds seized at the scene are more than 400 yuan.

2. The circumstances are serious

(1) Personal gambling funds of more than 5,000 yuan;

(2) The per capita gambling funds seized at the scene are more than 10,000 yuan;

(3) Notice of the Hunan Provincial Public Security Department on Printing and Distributing the "Provisions on the Application of the Discretionary Criteria for Public Security Administrative Punishment in Hunan Province" and the "Discretionary Criteria for Public Security Administrative Punishment in Hunan Province" (Xiang Gong Fa [2022] No. 6)

1. The gambling capital is large

(1) The amount of a single bet is more than 30 yuan but less than 50 yuan;

(2) The total amount of wins and losses is more than 3,000 yuan but less than 5,000 yuan;

(3) Participating in gambling such as "Underground Mark Six", with a single bet amount of less than 30 yuan or a total win or loss of less than 3,000 yuan.

2. The circumstances are serious

(1) The amount of a single bet is more than 50 yuan but less than 200 yuan;

(2) The total amount of wins and losses is more than 5,000 yuan but less than 20,000 yuan;

(3) Participating in gambling such as "Underground Mark Six", with a single bet amount of more than 30 yuan but less than 100 yuan, or a total win or loss of more than 3,000 yuan and less than 10,000 yuan

(4) Notice of the Jiangsu Provincial Public Security Department on Printing and Distributing the "Guiding Opinions on the Discretion of Gambling Illegal Cases" (Su Gonggui [2019] No. 1)

1. The gambling capital is large

(1) Participating in crowd gambling, online gambling, gambling machine gambling, casino gambling, "Mark Six" and other private lottery gambling, with personal gambling funds or per capita gambling funds of more than 100 yuan but less than 500 yuan;

(2) Participating in other gambling activities, with personal gambling funds or per capita gambling funds of more than 500 yuan but less than 2,000 yuan.

2. The circumstances are serious

(1) Participating in crowd gambling, online gambling, gambling machine gambling, casino gambling, "Mark Six" and other private lottery gambling, with personal gambling funds or per capita gambling funds of more than 1,000 yuan;

(2) Participating in other gambling activities, with personal gambling funds or per capita gambling funds of more than 5,000 yuan.

(5) Notice of the Heilongjiang Provincial Public Security Department on Amending the "Guiding Opinions on the Discretionary Punishment of Public Security Violations of Gambling Violations by Public Security Organs in Heilongjiang Province" (Hei Gong Zhi Gui [2019] No. 3)

1. The gambling capital is large

(1) Personal gambling funds of more than 200 yuan.

2. The circumstances are serious

(1) Personal gambling funds of more than 1,000 yuan;

(6) Notice of the Public Security Department of the Inner Mongolia Autonomous Region on Issuing the "Discretionary Standards for Administrative Punishments for Public Security Administration in the Inner Mongolia Autonomous Region" (Neigongtongzi [2019] No. 15)

1. The gambling capital is large

(1) Not refined

2. The circumstances are serious

(1) Participating in gambling, with a personal gambling capital of more than 800 yuan;

(2) The total amount of joint gambling property is more than 4,000 yuan.

(7) Notice of the Tianjin Municipal Public Security Bureau on Printing and Distributing the Discretionary Standards for Administrative Punishment (Jin Gong Gui [2024] No. 1)

1. The gambling capital is large

(1) Personal gambling funds of more than 500 yuan but less than 1,000 yuan;

(2) If the individual gambling capital cannot be determined, it shall be calculated according to the per capita gambling capital;

(3) Using the Internet, mobile terminal equipment, etc. to bet and gamble, and the gambling capital is less than 500 yuan;

2. The circumstances are serious

(1) The per capita gambling capital is more than 3,000 yuan but less than 5,000 yuan;

(8) Notice of the Yunnan Provincial Public Security Department on Printing and Distributing the "Yunnan Provincial Public Security Administrative Punishment Discretion Standards" (Yun Gong Gui [2024] No. 1)

1. The gambling capital is large

(1) Participating in crowd gambling, gambling machine gambling, casino gambling, "Mark Six" and other private lottery gambling methods for the first time, and the personal gambling capital or per capita gambling capital is more than 100 yuan but less than 1,000 yuan;

(2) Participating in other gambling activities for the first time, with personal gambling funds or per capita gambling funds of more than 200 yuan but less than 2,000 yuan.

2. The circumstances are serious

(1) Participating in crowd gambling, gambling machine gambling, casino gambling, "Mark Six" and other private lottery gambling, personal gambling or per capita gambling of 2,000 yuan;

(2) Participating in other gambling activities, personal gambling or per capita gambling capital of more than 3,000.

(9) Notice of the Hubei Provincial Public Security Department on Printing and Distributing the "Hubei Provincial Public Security Organs' Discretionary Standards for Administrative Punishment (2023 Edition)" (E Gong'an Gui [2023] No. 1)

1. The gambling capital is large

(1) Participating in gambling with less than 10 people, with an average gambling capital of more than 3,000 yuan but less than 5,000 yuan per person;

(2) Participating in gambling with more than 10 people but less than 20 people, with an average gambling capital of more than 1,000 yuan but less than 2,000 yuan per person;

(3) Using "gambling machines" to gamble, and the gambling funds identified as more than 500 yuan but less than 1,000 yuan;

(4) Setting up a "gambling machine" for gambling, which is verified to be "gambling", and the gambling funds identified as being more than 200 yuan but less than 500 yuan;

2. The circumstances are serious

(1) Participating in gambling with less than 10 people, with an average gambling capital of more than 5,000 yuan per person;

(2) Participating in gambling with more than 10 people but less than 20 people, with an average gambling capital of more than 2,000 yuan per person;

(3) Using "gambling machines" to gamble, and the gambling funds identified as more than 1,000 yuan;

(4) Setting up a "gambling machine" for gambling, which is verified to be "gambling", and the gambling funds identified as more than 500 yuan;

(10) Chongqing Municipal Regulations on the Prohibition of Gambling (Revised in 2011)

1. The gambling capital is large

(1) A larger bet refers to more than 20 yuan and less than 100 yuan;

(2) The amount of win or loss is more than 200 yuan and less than 2,000 yuan;

(3) The cumulative amount of wins and losses is relatively large, which means more than 2,000 yuan and less than 5,000 yuan

2. The circumstances are serious

(1) Huge bets refer to more than 100 yuan and less than 500 yuan;

(2) The huge amount of wins and losses refers to more than 2,000 yuan and less than 5,000 yuan;

(3) The cumulative amount of wins and losses is huge, which refers to more than 5,000 yuan and less than 10,000 yuan;

(11) Notice of the Shanxi Provincial Public Security Department on Printing and Distributing the "Shanxi Provincial Public Security Organs' Discretionary Standards for Common Administrative Punishments (II)" (Jin Gong Tong Zi [2022] No. 82)

1. The gambling capital is large

(1) The per capita gambling capital is more than 500 yuan but less than 2,000 yuan;

(2) Each bet is more than 20 yuan and less than 50 yuan.

2. The circumstances are serious

(1) More than 2,000 yuan per capita;

(2) Each bet is more than 50 yuan.

(12) Notice of the Liaoning Provincial Public Security Department on Printing and Distributing the "Liaoning Provincial Public Security Organs' Detailed Standards for Administrative Punishment Discretion (2021 Revised Edition)" (Liao Gongtong [2021] No. 50)

1. The gambling capital is large

(1) Personal gambling funds of between 500 and 2,000 yuan;

(2) Although the amount of gambling funds has not yet reached the above standards, but there are gambling in the form of "Mark Six", "Private Lottery", "Gambling Ball", "Cockfighting", "Pushing Pai Gow", "Texas Hold'em", "Filling the Big Hole", etc., and gambling in organized casinos such as "28 bars" and "baccarat", they are not subject to the limit on the amount of gambling funds.

2. The circumstances are serious

(1) The personal gambling capital is more than 2,000 yuan;

(2) Participating in gambling in the form of "Mark Six", "Private Lottery", "Gambling Ball", "Cockfighting", "Pushing Pai Gow", "Texas Hold'em", "Filling the Big Hole", gambling in organized casinos such as "28 Bars" and "Baccarat", gambling with electronic game machines with gambling functions, and personal gambling funds of more than 500 yuan;

(13) Notice of the Shandong Provincial Public Security Department on Printing and Distributing the Revised "Shandong Provincial Public Security Organs' Discretionary Standards for Administrative Punishments" (Lu Gongtong [2020] No. 116)

1. The gambling capital is large

(1) The per capita gambling amount is more than 500 yuan;

(2) Gambling on the spot is more than 2,000 yuan.

2. The circumstances are serious

(1) The per capita gambling amount is more than 1,000 yuan;

(2) Gambling on the spot is more than 5,000 yuan;

(14) "Guiding Opinions on the Discretion of Ningxia Public Security Organs in Handling Illegal Cases of Gambling (Trial)" and "Policy Interpretation on Printing and Distributing <Guiding Opinions on the Discretion of Ningxia Public Security Organs in Handling Illegal Cases of Gambling Violations (Trial)>

1. The gambling capital is large

(1) Participating in online gambling, gambling machine gambling, casino gambling, "Mark Six" and other private lottery gambling, personal gambling or per capita gambling of more than 100 yuan but less than 500 yuan;

(2) Participating in other gambling activities, with personal gambling funds or per capita gambling funds of more than 200 yuan but less than 1,000 yuan; or a single bet with a capital of more than 20 yuan but less than 50 yuan.

2. The circumstances are serious

(1) Participating in crowd gambling, online gambling, gambling machine gambling, casino gambling, "Mark Six" and other private lottery gambling, with personal gambling funds or per capita gambling funds of more than 1,000 yuan;

(2) Participating in other gambling activities, with personal gambling funds or per capita gambling funds of more than 3,000 yuan;

(15) Notice of the Anhui Provincial Public Security Department on Printing and Distributing the "Anhui Provincial Public Security Organs' Discretionary Standards for Administrative Punishments" (Anhui Gongtong [2023] No. 17)

1. The gambling capital is large

(1) The amount of gambling funds is between 1,000 and 2,000 yuan;

(2) The per capita gambling capital is more than 400 yuan.

2. The circumstances are serious

(1) Participating in gambling, with a total amount of 10,000 yuan or more, or participating in gambling multiple times;

(2) Using the Internet, mobile terminal equipment, etc. to bet and gamble, and the personal gambling capital is more than 400 yuan;

(3) Gambling in a casino opened by a professional gambling gang, with an individual gambling capital of more than 400 yuan;

(16) The Jilin Provincial Public Security Department's Guiding Opinions on the Discretionary Standards for Handling Cases of Illegal Gambling

1. The gambling capital is large

(1) The average amount of gambling funds of an individual is more than 500 yuan but less than 2,000 yuan;

(2) The total amount of gambling funds collected on the spot is more than 2,000 yuan but less than 8,000 yuan.

2. The circumstances are serious

(1) The average amount of gambling funds of an individual is more than 2,000 yuan;

(2) The total amount of gambling funds collected on the spot is more than 8,000 yuan;

(17) Notice of the Henan Provincial Public Security Department on Amending the Relevant Provisions of the "Henan Provincial Public Security Organs' Discretionary Standards for Public Security Administration Punishments" (November 25, 2019)

1. The gambling capital is large

(1) 1. The per capita gambling amount is more than 200 yuan but less than 400 yuan;

(2) Gambling on the spot with more than 800 yuan but less than 1,600 yuan;

(3) Winning or losing more than 50 yuan but less than 100 yuan in the gambling game.

2. The circumstances are serious

(1) The per capita gambling amount is more than 1,000 yuan;

(2) Gambling funds of more than 4,000 yuan on the spot;

(3) Winning or losing more than 200 yuan in the gambling game.

(18) Notice of the Guizhou Provincial Public Security Department on Printing and Distributing the "Guizhou Provincial Public Security Administrative Punishment Discretion Guiding Standards" (Qiangong Law [2013] No. 106)

1. The gambling capital is large

(1) The amount of a single bet is more than 10 yuan but less than 50 yuan;

(2) The total amount of wins and losses is more than 500 yuan but less than 2,000 yuan;

(3) Participating in gambling in the form of "Underground Mark Six", "Betting Ball", "Darts", "Video Game", etc., with a single bet amount of less than 10 yuan or a total win or loss of less than 500 yuan.

2. The circumstances are serious

(1) The amount of a single bet is between 50 and 100 yuan, or the total win or loss is between 2,000 and 5,000 yuan;

(2) Participating in gambling in the form of "Underground Mark Six", "Ball Gambling", "Darts", "Video Game", etc., with a single bet amount of more than 10 yuan but less than 50 yuan or less than 2,000 yuan in the whole game;

(19) Notice of the Jiangxi Provincial Public Security Department on Printing and Distributing the "Jiangxi Provincial Public Security Administrative Punishment Discretion with Reference to the Enforcement Standards and Applicable Rules" (Gan Gong Zi [2009] No. 6)

1. The gambling capital is large

(1) Personal gambling funds of more than 200;

2. The circumstances are serious

(1) Not refined

(20) Notice of the Liaoning Provincial Public Security Department on Printing and Distributing the "Liaoning Provincial Public Security Organs' Detailed Standards for Administrative Punishment Discretion (2021 Revised Edition)" (Liao Gongtong [2021] No. 50)

1. The gambling capital is large

(1) Personal gambling funds of between 500 and 2,000 yuan;

(2) Although the amount of gambling funds has not yet reached the above standards, those who participate in gambling in the form of "Mark Six" and other forms of gambling and gamble in organized casinos such as "28 bars" are not subject to the limit on the amount of gambling funds.

2. The circumstances are serious

(1) The personal gambling capital is more than 2,000 yuan;

(2) Participating in gambling in the form of "Mark Six", gambling in organized casinos such as "28 bars", gambling with electronic game machines with gambling functions, and personal gambling funds of more than 500 yuan.

(21) Fujian Provincial Public Security Department's "Guiding Opinions on the Discretion of Gambling Illegal Cases in the Provincial Public Security Organs (Trial)" (Min Gong Chuanfa [2021] No. 118, with a trial period of one year)

1. The gambling capital is large

(1) Participating in crowd gambling, gambling machine gambling, casino gambling, "Mark Six" and other private lottery gambling, with personal gambling funds or per capita gambling funds of more than 200 yuan but less than 500 yuan;

(2) Participating in other gambling activities, with personal gambling funds or per capita gambling funds of more than 500 yuan but less than 1,000 yuan.

2. The circumstances are serious

(1) Participating in crowd gambling, gambling machine gambling, casino gambling, "Mark Six" and other private lottery gambling, with personal gambling funds or per capita gambling funds of more than 1,000 yuan;

(2) Participating in other gambling activities, with personal gambling funds or per capita gambling funds of more than 2,000 yuan.

(22) Gansu Provincial Public Security Organs' Discretionary Criteria for Administrative Punishment (Revised in 2023)

1. The gambling capital is large

(1) Participating in gambling with an individual gambling capital of more than 500 yuan;

(2) The per capita gambling amount is more than 500 yuan;

(3) The joint gambling funds of more than 5,000 yuan were seized at the scene.

2. The circumstances are serious

(1) Not refined

Beijing Municipality, Guangdong Province, Sichuan Province, Guangxi Zhuang Autonomous Region, Shaanxi Province, Hainan Province, Qinghai Province, Tibet Autonomous Region, Xinjiang Uygur Autonomous Region, etc., have not found relevant discretionary standards, or the discretionary standards have not detailed the "large gambling capital" and "serious circumstances" of gambling.

Source: Official website of the provincial (municipal, district) public security department (bureau).

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