Supreme Court's Clarification on the Crime of Gambling and Organizing Gambling via the Internet

Thuy Phu

00:10, 12/07/2024

Recently, the Supreme People's Court issued Official Dispatch 196/TANDTC-PC addressing the application of the aggravating circumstance of using the internet, computer networks, etc., for the crimes of gambling and organizing gambling as stipulated in point c, clause 2, Article 321 and point c, clause 2, Article 322 of the Penal Code.

The circumstance “Using the internet, computer networks, telecommunications networks, electronic means to commit a crime” is understood as the use of the internet, computer networks, telecommunications networks, and electronic means to:

- Engage in online gambling;- Establish online gambling dens or use the internet, computer networks, telecommunications networks, or electronic means to organize gambling and make bets.

Thus, when an individual uses the internet, computer networks, text messages via phone, email, Zalo, Viber, etc., to record lottery numbers without establishing games involving monetary or material stakes online, this does not fall under the aggravating circumstance mentioned above.

For more details, see Official Dispatch 196/TANDTC-PC issued on September 4, 2018.

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