Is online gambling subject to criminal prosecution?
(Baonghean.vn) - Mr. Nguyen Van Tai, residing in Vinh City, asks: Currently, online gambling is increasingly prevalent, with increasingly sophisticated methods. So, what are the penalties for those participating in online gambling? Will they face criminal prosecution?
Reply:
*According to Article 28 of Government Decree No. 144/2021/ND-CP on administrative sanctions in the fields of security, order, social safety; prevention and control of social evils; fire prevention, firefighting, rescue and relief; and prevention and control of domestic violence, individuals engaging in online gambling may be fined from VND 1 million to VND 2 million for any of the following acts:
+Illegal gambling in any form such as dice games, card games like "ta la", "to tom", "tu lo kho", "tam cuc", "3 cay", "tu sac", "do den", "co the", "binh an do 6 la", "binh xap xam 13 la", "tien len 13 la", cockfighting, "tai xiu" or other forms with the purpose of winning or losing money, property, or objects;
+ Gambling using machines, illegal electronic games.
*Individuals engaging in online gambling may be prosecuted for the crime of gambling under Article 321 of the 2015 Penal Code, as amended and supplemented in 2017, specifically:
-Any person who engages in illegal gambling in any form where the stakes involve money or objects worth from 5,000,000 VND to less than 50,000,000 VND, or less than 5,000,000 VND and has been previously fined for administrative violations related to this act or the act stipulated in Article 322 of the 2015 Penal Code, as amended and supplemented in 2017, or has been convicted of this crime or the crime stipulated in Article 322 of the 2015 Penal Code, as amended and supplemented in 2017, and whose criminal record has not been expunged and who commits the offense again, shall be punished with non-custodial correctional measures for up to 3 years or imprisonment from 6 months to 3 years.
- Imprisonment from 3 to 7 years for gambling offenses:
+ It has a professional nature;
+ Money or objects used for gambling worth 50,000,000 VND or more;
+ Using the internet, computer networks, telecommunications networks, and electronic means to commit crimes;
+ Dangerous recidivism.
- Offenders may also be fined from 10,000,000 VND to 50,000,000 VND.
Therefore, online gambling can be punishable by up to 7 years in prison. Additionally, an extra penalty of a fine of up to 50 million VND may also be applied.