Is Gambling Illegal?

In accordance with the “Public Security Administration Punishment Law of the People’s Republic of China,” any form of gambling conducted for profit or the facilitation of gambling is deemed illegal. Those found involved in such activities may face penalties ranging from detention for up to five days to fines of up to 500 yuan. In more severe cases, the punishment may escalate to detention for a period ranging from ten to fifteen days, accompanied by fines ranging from 500 to 3,000 yuan.

It’s important to understand that the notion of illegal gambling encompasses activities carried out with the intention of making a profit by using money as a bet. These activities employ various means or tools to determine the outcome of winning or losing. Common examples would include poker, mahjong and dice. Whether it involves organizing gambling or participating in it, both acts are considered illegal under Chinese law.

However, the legal implications of gambling go beyond mere administrative penalties. Gambling can escalate to a criminal offense in China, as outlined in the “Criminal Law of the People’s Republic of China.” This law distinguishes two types of gambling crimes: the crime of establishing a gambling venue and the crime of gambling.

The crime of establishing a gambling venue involves operating or organizing a physical location for gambling purposes. Perpetrators of this offense may face imprisonment for up to five years, detention and fines. In cases of severe circumstances, the punishment can extend to imprisonment for more than five years but less than ten years, accompanied by fines.

On the other hand, the crime of gambling refers to engaging in gambling activities with the intention of making a profit by gathering people to gamble or treating gambling as a profession. This offense carries penalties of imprisonment for up to three years, detention, and fines. The severity of the punishment depends on the circumstances surrounding the offense.

For an activity to be classified as “gambling with a gathering of people,” it must involve a group of three or more individuals and meet one of the following criteria: a total profit exceeding 5,000 yuan, a cumulative gambling fund of 50,000 yuan or more, or a total number of participants reaching 20 or more.

In conclusion, gambling in China is strictly regulated, with illegal gambling activities subject to administrative penalties or even criminal charges. This means that you will have an administrative or criminal record, which will affect your future applications for visas and permits in China, therefore prohibiting you from being able to reside in China.