Is online gambling criminally prosecuted?
(Baonghean.vn) - Mr. Nguyen Van Tai, residing in Vinh city, asked: Currently, online gambling is becoming more and more popular, with increasingly sophisticated methods. So, how are people who participate in online gambling punished? Are they prosecuted?
Reply:
*According to Article 28 of Decree No. 144/2021/ND-CP of the Government regulating administrative sanctions for violations in the fields of security, order, and social safety; prevention and control of social evils; fire prevention, fire fighting, rescue; prevention and control of domestic violence, people who gamble online can be fined from 1 million VND to 2 million VND for one of the following acts:
+ Illegal gambling in one of the following forms: Xoc Dia, Ta La, To Tom, Tu Lo Kho, Tam Cuc, 3 Cay, Tu Sac, Do Den, Co The, 6-card Indian Binh, 13-card Binh Xap Xam, Tien Len 13-card, Cockfighting, Tai Xiu or other forms with the purpose of winning or losing money, property or objects;
+ Gambling with illegal machines and electronic games.
*People who gamble online (gambling over the internet) can be prosecuted for gambling under Article 321 of the 2015 Penal Code, amended and supplemented in 2017, specifically:
-Anyone who illegally gambles in any form, wins or loses in money or in kind worth from VND 5,000,000 to under VND 50,000,000 or under VND 5,000,000, has been administratively sanctioned for this act or the act specified in Article 322 of the Penal Code 2015, amended and supplemented in 2017, or has been convicted of this crime or the crime specified in Article 322 of the Penal Code 2015, amended and supplemented in 2017, and has not had his/her criminal record expunged and continues to commit the violation, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.
- Imprisonment from 03 years to 07 years for gambling cases:
+ Professional;
+ 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.
Thus, online gambling can be punished with up to 7 years in prison. At the same time, an additional penalty of up to 50 million VND can be applied.