First sentence for cross-border gambling
Strictly fast online and offline crackdown
□ Our reporter Zhao Chenxi
Cross-border gambling "will lose every gambling", and online gambling "has many traps."
In recent years, there have been various forms of cross-border gambling, and the routines have emerged one after another. Countless people have been involved either actively or passively.
In 2020, according to the unified deployment of the Ministry of Public Security, public security organs across the country will integrate various police resources to concentrate on tackling difficult problems, and to crack down on cross-border gambling strictly and promptly in accordance with the law.
Recently, the Ministry of Public Security released the report card of the cracked cross-border gambling cases in 2020.
As of the end of December 2020, more than 3,500 cross-border gambling cases of various types have been cracked, more than 2,260 gambling platforms, more than 980 illegal technical teams, more than 1,160 gambling promotion platforms, more than 1,960 illegal payment platforms and underground money houses have been eliminated , Arrested more than 75,000 suspects.
From March 1, the Criminal Law Amendment (11) will be officially implemented, and cross-border gambling will be written into the criminal law for the first time, which means that cross-border gambling will face a more severe blow.
There are many ways to link up and down
"Cross-border gambling is mainly divided into offline and overseas gambling and online online gambling." Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, told the reporter of "Rules of Law Daily" that offline overseas gambling is mainly passed by criminals. Provide free entry and exit services, free round-trip air tickets and other methods to solicit domestic personnel to go abroad for gambling.
Online online gambling is a gambling activity in which criminals set up servers abroad, set up online gambling websites, and use the Internet and mobile communication terminals to transmit gambling videos and data to organize and attract domestic personnel to participate.
"Compared with organizing personnel to go directly to overseas gambling, in recent years, more hidden cross-border online gambling cases have been on the rise." Zhu Wei said.
This situation can also be seen in some typical cases of cross-border gambling recently announced by the Hunan Provincial Public Security Department.
On February 9, the Hunan Provincial Public Security Department notified the province’s public security organs of the results of their crackdown on cross-border gambling crimes.
Up to now, public security organs at all levels in Hunan Province have investigated and handled 1,858 criminal gambling cases, arrested 4437 suspects, including 212 cross-border gambling cases, arrested 2,672 criminal suspects, seized and frozen funds and assets of 2.083 billion yuan. 119 online gambling platforms and promotion platforms were eliminated.
The "1·15" online gambling case investigated by the Furong Branch of the Changsha Public Security Bureau in 2020 is a typical cross-border online gambling case.
According to the Furong Branch of the Changsha City Public Security Bureau, the "Sands Online Entertainment" gambling website server involved in the case is located overseas, providing real-time online baccarat, dragon and tiger fighting, Pai Gow, roulette and live Texas poker and sports betting projects. The development of website Trojan horse advertisements and agency promotion attracts gamblers to register for an account. After logging in to the website domain name with a mobile phone or computer, they place bets on the gambling platform they set up. The amount involved amounts to more than 1 billion yuan.
Cross-border online gambling often expands its "spreading scope" by distributing gambling software.
In the "March 24" network opening casino case investigated by the Liuyang Public Security Bureau, since the second half of 2017, the suspect Xu Mouxiang wrote his own code and developed a fully functional red envelope gambling computing robot software. The WeChat version said For the "Little Apple", the Chengxin version is called the "Big Rich".
The gang set up "robot" servers overseas, sold "robots" to criminal groups that opened casinos, set up WeChat and Chengxin red envelope Niuniu gambling groups, and invited gamblers to participate in gambling through the leader of the gang, and gamblers paid through funds. Channel gangs collect and pay gambling funds.
The criminal group drew 5% of the profit, and the amount involved was hundreds of millions of yuan.
Some overseas gambling websites outsource the collection and payment of gambling funds to domestic personnel in order to evade crackdowns.
In the case of "6.4" network opening casinos investigated by the Public Security Bureau of Guzhang County, Xiangxi Prefecture, overseas gambling websites such as "Sands Casino" and "Zhongcai.com" outsourced the collection and payment of gambling funds to domestic personnel in order to avoid the attack. .
Domestic gambling and payment gambling gangs are commonly known as "run points" gangs, which use the bank, WeChat, and Alipay accounts of a large number of people to settle funds for criminal gangs such as online gambling and online fraud.
The senior management of the "run points" system communicates with the website's financial staff through chat software every day, and the website will pay a certain percentage of commissions.
There are also cross-border gambling criminal gangs that use high-paying jobs as bait to lure domestic personnel to participate in gambling operations abroad.
In a case disclosed by the Exit-Entry Administration of the Hubei Provincial Public Security Department, Li, a resident of Nanzhang County, Xiangyang City, Hubei Province, was attracted by a well-paid overseas sales job recruitment news when he went online.
Unexpectedly, after applying for a passport and visa and going to Phnom Penh, Cambodia to apply for a job, Lee's passport, communication tools and other personal belongings were confiscated, and he was forced to use different WeChat accounts to fabricate and promote gambling in multiple "workgroups" every day. Remarks to deceive others to "enter the Internet to participate in gambling."
First full blow
"No matter how diverse the forms of cross-border gambling, the nature of defrauding gamblers for gambling funds will not change." Liu Junhai, a professor at the School of Law of Renmin University of China, pointed out in an interview with a reporter from the Rule of Law Daily that online gambling is extremely harmful, except for Participating in gambling brings harm to yourself, and can also induce vicious crimes such as kidnapping and extortion, which seriously threatens economic security and social stability.
In February 2020, a crime of cross-border gambling was unearthed behind a robbery case uncovered by the police in Guangming District, Shenzhen, Guangdong Province.
The suspect Li told the police that in 2019, he downloaded an online game and he was caught in a gambling scam.
The police investigation found that this is a live game designed by the overseas gambling website "Fu Shen Entertainment". If the player is not careful, they will be induced by the beautiful anchor, click to enter the gambling program, and purchase game currency through the built-in different game links. Online gambling.
According to the police handling the case, the online game is a typical scam. The backstage staff controls the gamblers by controlling the size and odds of winning or losing gambling, so that they lose their money.
In this way, Li lost more than 400,000 yuan in less than half a year. He was unable to repay the high debt and eventually committed a crime.
Cross-border gambling is extremely harmful, and the country has been taking the most severe crackdown. Starting in 2021, relevant departments continue to maintain a high pressure.
From January 10 to 11, 2021, the 15th National Procuratorial Work Conference revealed that the procuratorial system will issue guidelines with the Supreme Court and the Ministry of Public Security to severely crack down on cross-border gambling.
On February 5, the Ministry of Public Security held a press conference to notify the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security of the "Notice on Urging Criminal Suspects Related to Cross-border Gambling to surrender."
The notice pointed out that for criminal suspects of gambling crimes, casino opening crimes, and related crimes stipulated in Article 303 of the Criminal Law of the People's Republic of China, from the date of this notice to April 30, 2021 Voluntary surrender to the public, procuratorate and judicial organs. Those who truthfully confess their crimes are surrendered. They can be given a lighter or mitigated punishment according to law, and those with lesser circumstances can be exempted from punishment according to law.
Liu Junhai said that this is to implement the criminal policy of both leniency and strictness while cracking down, and to give suspects involved in gambling a chance to reform and strive for leniency.
From March 1st, the "Amendment to the Criminal Law of the People's Republic of China (11)" will be officially implemented. This time, a new criminal regulation on cross-border gambling has been added, namely, Article 303, paragraph 3 of the Criminal Law: "Organization Citizens of the People’s Republic of China who participate in gambling outside the country (border) with a huge amount or other serious circumstances shall be punished in accordance with the provisions of the preceding paragraph."
"This is the first time that cross-border gambling has been written into the criminal law. In the future, a more severe and comprehensive crackdown will be imposed on cross-border gambling." Mao Hongtao, member of the Criminal Professional Committee of the All China Lawyers Association and director of Beijing Deheheng Law Firm, told reporters of the Rule of Law Daily The explanation stated that according to the "Opinions on Several Issues in Handling Cross-border Gambling Criminal Cases" jointly formulated by the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security in October 2020, organizing Chinese citizens to participate in cross-border gambling includes both organizing and soliciting Chinese citizens. Citizens going to overseas physical casinos to gamble also include the use of information networks and communication terminals to transmit gambling videos and data, and organize Chinese citizens to participate in cross-border online gambling.
"Therefore, the form of participation in cross-border gambling stipulated in this clause added to the Criminal Law Amendment (11) includes both going to overseas entity casinos to participate in gambling and participating in cross-border online gambling." Mao Hongtao said.
Be vigilant and encourage reporting
In addition to regulation from the legal level, Zhu Wei believes that it is equally important to increase public awareness of cross-border gambling through police propaganda and media reports.
For example, some current "killing pigs" cases often pretend to be "Bai Fumei" or "Gaofushuai" on dating or dating platforms, and increase their relationship with the victim through chat, and then trick them into gambling platforms to recharge and gamble. Finally, fraud is carried out by manipulating the lottery results.
The victim did not intend to participate in the gambling, but gradually became a "gambler".
Gambling platforms are highly secretive and difficult to supervise. Gamblers’ reports and revelations are very helpful to the crackdown. However, Mao Hongtao discovered that in reality, many gamblers are afraid of being guilty because of their own participation in gambling and dare not report to the police.
"General participation in gambling is a law and order violation and does not involve criminal offences. Only those who gather crowds for gambling, use gambling as a business or open casinos, organize gambling, and provide assistance to organize gambling, may be suspected of gambling and related crimes. Some online gambling platforms It is actually a fraud platform, so gambling participants are actually victims of fraud crimes.” Mao Hongtao pointed out that in judicial practice, for gambling participants in cross-border gambling, the judiciary will classify and evaluate them in order to achieve precise governance. In comprehensive management, those who actively report, report and disclose meritorious services will be given lighter punishments.
This edition of graphics/Li Xiaojun