Signs of the Crime of Gambling
Based on Article 8 of the 2015 Penal Code, the provisions are as follows:
- A crime is a socially dangerous act specified in the Penal Code, committed intentionally or unintentionally by a person with criminal responsibility capacity or a commercial legal entity, infringing upon the independence, sovereignty, unity, and territorial integrity of the nation, infringing on political, economic policies, cultural foundations, national defense, security, social order and safety, the legitimate rights and interests of organizations, infringing on human rights, the legitimate rights and interests of citizens, infringing on other areas of the socialist legal order that, according to the provisions of this Code, must be criminally handled.
From this, we can see the legal signs of the crime of gambling:
Object of the crime: The crime infringes on public order and safety. Unlike the laws of some capitalist countries that allow the operation of gambling, our country's law strictly prohibits all gambling activities in any form and regards it as an act infringing on social order and safety.
Objective aspect of the crime: The crime is manifested in the act of illegal gambling in any form, winning or losing money or property. The gambling act can be exhibited in any form, with money, or property used as collateral. The property can be gold, silver, precious stones, motorcycles, cars, etc. The forms of gambling can be card playing, "to tom" (a traditional Vietnamese game), "soc dia" (another traditional Vietnamese game), "ba cay" (another traditional Vietnamese game), football betting, etc.
Criminal liability for this crime is only pursued under one of the following conditions:
The amount of money or property has a value from 5,000,000 VND to less than 50,000,000 VND.
The amount of money or property has a value of less than 5,000,000 VND, but the offender has already been administratively sanctioned for this act or the act specified in Article 322 of this Code or has been convicted of this crime or the crime specified in Article 322 of this Code, has not yet had their criminal record expunged, and re-offends.
Subjective aspect of the crime: The crime is committed intentionally, aiming to gain illicit profit.
Subject of the crime: The crime is committed by individuals who have full criminal responsibility capacity and have reached the age prescribed by law.
Thus, it can be seen that the prosecution of the above act is fully justified through the aforementioned signs.
Sincerely!
