Will online gambling leave a record?

Whether gambling detention will leave a criminal record depends on different situations. It may be public security detention, of course, it may also be criminal detention according to law because it is suspected of constituting a crime. Being detained on suspicion of gambling does not necessarily leave a criminal record, because if the detainee is not convicted and sentenced, he will not leave a criminal record; If convicted and sentenced, it will leave a record and will not be eliminated. If you are engaged in the work that requires political review in the future, you need the public security organ to issue proof materials.

Whether there is a criminal record of participating in online gambling depends on the situation:

1. Those who generally participate in gambling will be administratively detained and have no criminal record;

2, but if the parties not only participate in gambling, but also violate the law, there will be a criminal record at this time.

What are the constitutive elements of gambling crime?

The constitutive requirements of gambling crime are:

1, the object element, the object of infringement is the socialist social fashion;

2, objective elements, objectively manifested as gambling or gambling as a profession;

3, the main elements, the subject is the general subject, all natural persons who have reached the legal age of criminal responsibility and have criminal responsibility ability can constitute the crime of gambling;

4. Subjective elements, subjectively intentional, for the purpose of making profits.

In view of the problem of how to distinguish between gambling behavior and mass entertainment activities that the masses care about, the relevant person in charge of the special action office of the Ministry of Public Security to combat gambling crimes explained:

1, depending on whether it benefits from it, the crime of gambling is objectively limited to three acts: "gathering people to gamble", "opening a casino" or "gambling for a living". "Gathering people to gamble" refers to the behavior of organizing, convening and luring many people to gamble, and I profit from it. "Gambling as a profession" refers to the behavior of gambling frequently and taking gambling to obtain money as a living or main source of income. "Opening a casino" refers to the act of providing gambling places and equipment for others to gamble, from which I profit; Mass entertainment is unprofitable.

2. The lottery amount depends on the individual, regional economic situation and the consumption level accepted by the public.

3. Subjectively, whether it is for profit is the subjective element of gambling crime; Mass entertainment aims at leisure.

4. From the main point of view, mass entertainment is mostly carried out among family members, relatives and friends.

Legal basis:

Article 303 of the Criminal Code of People's Republic of China (PRC).

Whoever gathers people to gamble or gamble for profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.

Crime of opening a casino Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or control, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.

Whoever organizes the crime of overseas gambling and organizes China people and China citizens to participate in gambling abroad, if the amount is huge or there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph.