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high quality fashion jewelry wholesale china The amount of gambling funds can be determined according to the amount of points that are bet or won on the Internet. For virtual items such as virtual currencies, game props and other virtual items such as virtual currency, game props, and using it as a bargaining chip, the amount of money is determined according to the amount required to purchase the virtual item or the actual payment of funds. For the funds in the bank accounts that are used for receiving and circulating gambling funds in a casino crime, criminal suspects and defendants cannot explain the legal source, and they may be identified as gambling. The number of bank accounts that transfer to the bank account and transfer funds can be identified as gamblers. If one account is used by multiple people or one person, the number of gamblers should be calculated according to the actual number of people used.
S specific regulations:
1. In the crime of opening a casino, the identification of the amount of gambling funds plays a key role in quantification. All the facts that must be found out is that each defendant accepts the betting of others through the agent account number. Amount. Unfortunately, few defenders raised objections to the bet amount or judicial accounting appraisal of the public prosecution agency. The author believes that the defender can do deeper and more detailed in the following aspects.
2. Check the calculation standards used in the judicial accounting appraisal report. That is, the appraisal report calculates the amount of gambling funds based on the amount of betting or the number of winning points, and combines the confession made by each defendant to determine whether the computing standards applied to the accounting appraisal report are consistent with most defendants. Because most of the appraisal reports are "hidden rules", the appraisal agency may choose to apply the appraisal method that is beneficial to the allegations to cooperate with the accusation of the public prosecution agency.
3, the meeting and the scroll stage are fully prepared. Each defendant's gambling website URL, corresponding login account, or whether the account is used or another person, and whether he has participated in betting gambling. In judicial practice, the investigating organ seizes the computer that the defendant's crime will be used to restore the data of management bets from the computer and the data of betting. The defense lawyer must not only figure out the defendant's transaction details (the gambling website betting flow account query webpage), but also compares the data fixed in the electronic evidence with the data adopted by the judicial accounting appraisal to see if there is any disconnection. Find a legal source in the bank account used to receive and transfer gambling funds, and submit evidence to confirm the legitimacy of the income or expenditure.
4. In short, the amount of gambling funds for the key factor in decision -making must not be based on the "laziness" expression of the allegations of "laziness" without any investigation and research. Determining the defense plan is the responsibility to the parties.
Plores of legal basis: "Supreme People's Court, Supreme People's Procuratorate, and Ministry of Public Security on the Application of Legal Issues on Applicable Laws of Cases of Criminal Gambling Crime Cases Criminal quantification standards for providing casino crimes
Is that have one of the following acts in implementation of the previous paragraph, shall be identified as "serious plot" stipulated in Article 3003 of the Criminal Law: n (1) The total amount of taps has reached more than 30,000 yuan;
(2) the cumulative amount of gambling funds reached more than 300,000 yuan;
(3) the total number of gambling people reached more than 120;
(4) After establishing a gambling website, it is provided to others to organize gambling. The amount of illegal income is more than 30,000 yuan;
(5) Participating in the profit sharing of the gambling website, the amount of illegal income is more than 30,000 yuan;
(6) recruiting lower -level agents for gambling websites, which will accept betting by the lower level agents;
(7) Recruiting minors to participate in online gambling;
(8) serious situations in other circumstances.