Offenders may also be fined from five million to one hundred million Dong, and have part or all of their assets confiscated.

Original sin

gambling or gambling establishment as well as

gambling is a crime

The crime was defined very early and was generally called the crime of "gambling". Later, it was separated into different acts: gambling, organizing gambling or gambling but still defined in the same article.

The 1985 Penal Code stipulates the crime of gambling and the crime of organizing gambling.

silver or silver in the same article (Article 200). Criminal Code

In 1999, the crime of gambling was defined in Article 248, while the crime of organizing or gambling was defined in Article 249.

gambling function

However, the act of organizing gambling and the act of betting are still regulated in the same article. Therefore, when determining a crime, it must be determined on a case-by-case basis.

The crime is the crime of organizing gambling or the crime of gambling. For example, if there is only the act of organizing

If there is gambling organization, the crime is "organizing gambling", if there is only gambling behavior, the crime is "gambling", if there is both gambling organization and gambling behavior, the crime is "organizing gambling and gambling" (replace the conjunction or with the conjunction and), because if the crime is "organizing gambling or gambling", it is not yet determined what crime the defendant committed?

Article 249 of the 1999 Penal Code is composed of Clause 2, Article 200 of the 1985 Penal Code and is amended and supplemented as follows:

Additional circumstances are elements of the crime, that is: organizing gambling or gambling "on a large scale or having been administratively sanctioned for the acts specified in this Article and Article 248 of this Code or having been convicted of one of these crimes, not having had the criminal record cleared but still committing the crime" then it constitutes the crime of gambling or gambling.

Additional circumstances are factors that determine the penalty and are prescribed.

specified in points a and b, clause 2 of the article as: of a specialized nature

illegal profit; large, very large or especially large.

Adding a fine as the main penalty prescribed in Clause 1 of the law; additional penalties are prescribed in the same law and increase the fine from one million to five million to from five million to one hundred million and add the penalty of confiscation of all assets while the 1985 Penal Code only provides for confiscation of a part of the assets.

A. BASIC SIGNS OF CRIME

1. Signs belonging to the subject of the crime

Similar to the crime of gambling, the subject of this crime is not a special subject, as long as one reaches a certain age and has criminal responsibility, one can be the subject of this crime.

According to Article 12 of the Penal Code, people from 14 to under 16 years old must bear criminal responsibility for this crime in the case specified in Clause 2 of the article; people from 16 years old and above must bear

Criminal liability for this crime regardless of the circumstances

prescribed in which clause of the law.

If the amount of money or property used for gambling is not of great value then

A person who commits gambling must be a person who has been administratively sanctioned for gambling and organizing gambling or gambling, or has been convicted of one of these crimes, has not had his/her criminal record cleared, and continues to commit the crime, then he/she is the subject of this crime.

2. Signs of the objective side of the crime

As with the crime of practicing superstition and gambling, the crime of organizing gambling or gambling is a crime that violates the civilized order of society, because gambling in general and organizing or gambling in particular are also social evils.

3. Objective signs of crime

a. Objective behavior

This crime is defined by the legislator as two objectively different but related acts, which are the act of organizing gambling and the act of fixing bets.

Organizing gambling is the mastermind, leader, commander, coercion, and threat of others to participate in games with money or property in any form. When determining the act of organizing gambling, it is necessary to distinguish it from the case of organized crime, which is a form of complicity stipulated in Article 20 of the Penal Code and is a factor in determining the penalty stipulated in a number of articles. The act of organizing gambling is similar to a number of other organized crimes such as: the crime of organizing and forcing others to flee abroad or stay abroad illegally stipulated in Article 275 of the Penal Code.

However, for the crime of organizing gambling, the offender must organize

Gambling must be conducted by at least two people, because gambling requires two or more people to be successful, no one gambles against themselves.

The act of organizing gambling is the act of organizing gambling, the person

Gamblers can be prosecuted for gambling but

may also not be prosecuted for gambling but

Gambling organizers if there are sufficient elements to constitute the crime of organizing gambling

Gambling is still prosecuted for organizing gambling.

If a person organizes gambling to satisfy his gambling needs and participates in gambling with those he organizes, the person organizing the gambling will only be prosecuted for criminal liability for gambling if there are sufficient signs constituting the crime of gambling, but

not affected

criminal prosecution

original sin

gambling function. For example:

Hoang Ng was a gambler who often went to Vu Manh Q's house to gamble for money; on June 15, 2005, Ng was administratively fined by the Hoan Kiem District Police, Hanoi City. On December 10, 2004, Ng's wife and children returned to their mother's hometown; alone at home, Ng invited Vu Manh Q, Bui Quoc C and Dinh Trong N to Ng's house to gamble for money. After gambling from 9:00 a.m. to 2:00 p.m., he was arrested by the ward police, who confiscated 5,000,000 VND from the gambling table and the means used for gambling. In this case, Ng's behavior was an act of organizing gambling, but because Ng organized this gambling so that he could also gamble, Ng was only prosecuted for criminal liability for gambling.

Gambling is using a location (house, shop, hotel, motel, ship, car, boat, raft...) that you manage to let others gamble.

silver collecting money (money pool). The act of storing silver is also called storing silver or storing silver. If based only on the use of the location that you are managing for others to gamble, this act is similar to the act of storing silver.

accept the illegal use of drugs as prescribed in Article 198 of the Code

criminal. However, the act of harboring illegal drug use may or may not take money, but the act of gambling (harboring gambling) must take money (cash) to be considered gambling; if out of respect, you let someone else use the location you manage and use for gambling, it is not considered gambling. Thus, the mandatory sign to determine whether there is gambling or not is whether there is a cash or not.

The person who commits the act of gambling may also be the person who organizes the gambling, but the person who organizes the gambling and the person who commits the act of gambling may be different.

If the bookmaker also participates in gambling, he or she can still be prosecuted for the crime of gambling if there are sufficient signs constituting the crime of gambling.

b. Consequences

Same thing

like

For gambling crimes, the legislator does not prescribe

Determining the consequences caused by the act of organizing gambling or betting is a factor.

determine the crime or determine the penalty, if the consequences caused by the act of organizing gambling or gambling constitute an independent crime, the offender will also be prosecuted for the corresponding crimes.

c. Other objective signs

The act of organizing gambling or gambling is only considered a crime when the organization or gambling is determined to be on a large scale. If the act of organizing gambling or gambling has not been determined to be on a large scale and the person

committed a crime

be punished

administrative penalty on

Gambling and Organizational Behavior

gambling or gambling establishment or has not been convicted of one of these crimes,

or have been convicted of these crimes but have had their criminal records expunged are considered to have committed the crime of organizing gambling or gambling.

not yet

According to the guidance of the Supreme People's Court's Council of Judges, the act of organizing gambling or gambling in one of the following cases is determined to be "on a large scale":

- Nest

the function of betting or betting at the same time for words

ten

gamblers or more or for two or more gambling tables;

- Organize a place to pawn assets for gamblers; install equipment for gambling; assign guards and attendants when gambling; arrange escape routes in case of arrest; use vehicles such as cars, motorbikes, bicycles, telephones, etc. to assist in gambling;

- The total amount of money or objects used for gambling at the same time is worth ten million VND or more.

- Gambling organizers or gambling dealers who do not fall under the above guidance, but if the total amount of money or objects used for gambling is worth from one million VND to less than ten million VND, then although they

not criminally responsible for

"original sin"

gambling or betting function

silver" but they silver22.

be criminally responsible

on accomplice to the crime of beating

4. Subjective signs of crime

The person who committed the crime was intentional.

Gambling or bookmaking organization that performs the act

B. SPECIFIC CRIMINAL CASES

1. Committing crimes under the cases specified in Clause 1, Article 249 of the Penal Code

According to the provisions of Clause 1, Article 249 of the Penal Code, a person who organizes gambling or gambling can be fined from ten million to three hundred million VND or imprisoned from one to five years, which is a serious crime.

When deciding on the penalty for a criminal, if he/she only commits one objective act and has many mitigating circumstances as prescribed in Article 46 of the Penal Code, there are no aggravating circumstances or if there are, the level of the crime is

insignificant aggravation, a fine may be imposed; if the person

Those who commit the crime of both organizing gambling and betting on a large scale, have been administratively sanctioned for this act or have been convicted of this crime, have not had their criminal record expunged, and continue to violate it, and have many aggravating circumstances as prescribed in Article 48 of the Penal Code, without mitigating circumstances or if there are mitigating circumstances, the level of mitigation is insignificant, may be sentenced to up to five years in prison.

2. Committing crimes under the cases specified in Clause 2, Article 249 of the Penal Code

a. Professional

Similar to the crime of gambling, the crime of organizing gambling or professional gambling is when the offender takes organizing gambling or gambling as his main source of income.

b) Illegal profits are large, very large or especially large;

then:

According to the guidance of the Supreme People's Court Council of Judges

- Illegal profits from five million VND to less than fifteen million VND

is big;

- Illegal profits from fifteen million to less than forty-five million VND are very large;

- Illegal profits of forty-five million VND or more are special.

big23.

c. Dangerous recidivism.

Similar

like

dangerous recidivism case for people

gambling crime, person who organizes gambling or gambling

A dangerous recidivist is someone who has been convicted of a very serious crime.

serious, especially serious crime committed intentionally, not yet cleared of criminal record

Committing a crime under the provisions of Clause 2, Article 249 of the Penal Code or having re-offended, not having had his criminal record expunged, and committing the crime of organizing gambling or gambling.

Thus, if a person commits a crime under the provisions of

Clause 2 of the law and in the case of dangerous recidivism, they must

be subject to the circumstance of "dangerous recidivism" as prescribed in Point c, Clause 2

Article 249 and the corresponding circumstances they committed. For example: Tran Thi Tuyet Nh was convicted of drug trafficking under the provisions of Clause 3, Article 194 of the Penal Code, and her criminal record has not been cleared, but she committed the crime of organizing gambling under the case of illegal profit of 20 million VND, so Tran Thi Tuyet Nh was prosecuted for criminal liability under points b and c, Clause 2, Article 249 of the Penal Code.

Committing a crime under the provisions of Clause 2 of this Article may result in imprisonment from three to ten years, which is a very serious crime.

When deciding on the penalty for the offender, if it only falls under one of the cases specified in Clause 2 of the article; if the illegal profit is only in a large case and there are many mitigating circumstances specified in Article 46 of the Penal Code, there are no aggravating circumstances or although there are,

In case of insignificant aggravation, the penalty may be imposed under three

years in prison or converted to a fine; if falling under many cases specified in Clause 2 of the Law; very large or special illegal profits

large, with many aggravating circumstances as prescribed in Article 48 of the Penal Code,

If there are no mitigating circumstances or if there are but the mitigating circumstances are insignificant, the penalty may be up to ten years in prison.

3. Additional penalties for offenders

In addition to the main penalty, gambling offenders may also be fined from five million to one hundred million VND and have part or all of their property confiscated.

When applying a fine as an additional penalty to a gambling offender, it is important to note that a fine should only be applied as an additional penalty if a fine is not applied as the main penalty.

The penalty of confiscation of part or all of the property should only be applied to cases where the offender has made particularly large illegal profits, is a professional gambling organizer or gambler.

28. CRIME OF HARBORNING OTHER CRIMES

OR CONSUME

ASSETS OWNED BY PEOPLE

Article 250. Crimes that have

Crime of harboring or consuming

property owned by others

1. Anyone who, without prior promise, harbors or consumes property knowingly obtained by another person through criminal activity, shall be subject to a fine of from five million to fifty million dong, non-custodial reform for up to three years, or imprisonment from six months to three years.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from two to seven years:

a) Organized;

b) Professional in nature;

c) Illegal assets and objects of great value;

d) Large illegal profits; e) Dangerous recidivism.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from five to ten years:

a) Illegal assets and objects of very large value;

b) Huge illegal profits.

4. Committing a crime in one of the following cases shall be punishable by imprisonment from seven to fifteen years:

a) Illegal assets and objects of particularly great value;

b) Particularly large illegal profits.

5. The offender may also be subject to a fine of from three million to thirty million Dong, confiscation of part or all of his/her property, or one of these two penalties.

Possession by crime is the act of a person who knows that the property is the result of another person's crime, but still keeps, preserves, uses, buys, sells, or exchanges it without prior promise.

The crime of harboring or consuming property obtained by another person through criminal acts is a crime regulated in the Ordinance on Punishing Crimes Against Socialist Property and the Ordinance on Punishing Crimes Against Private Property of Citizens issued on October 21, 1970.

The 1985 Penal Code stipulates the crime of harboring or consuming property obtained by another person through criminal acts in Article 201, but the scope of application is broader than the two ordinances issued on October 21, 1970, not only for socialist property and private property of citizens but also for other properties and not only for harboring or consuming for those who commit crimes against socialist property and those who violate private property of citizens but for all criminal acts.

Compared with Article 201 of the 1985 Penal Code and amended and supplemented as follows: