Zhang's attorney recognized this was "a man of gambling

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Three co-financing, a person abroad to Macau gambling, both in the territory of the phone "command",hogan outlet milano, which is considered the territory of offshore gambling or gambling? Legal or illegal in between the lines. Just above these cases, the behavior of the three was identified Guangzhou Municipal Public Security Bureau as "the territory of gambling." All three were sentenced to administrative detention for 15 days, only 3 million were seized gambling money, resulting ten million betting money has also been ordered to be recovered.
Cognitive different because one investor territory, a Beijing University professor Zhang police refused to accept the punishment, filed an administrative lawsuit to the city Chaoyang Court to set aside the decision on punishment. Reporters learned that morning, Chaoyang Court has recently first instance verdict on the case. The court found that the behavior of three of Zhang and constitute a complete gambling behavior, the Guangzhou Municipal Public Security Bureau in accordance with the principle of territorial jurisdiction has jurisdiction in this regard, so Zhang's ruling rejected the prosecution.
Event
Professor participate in gambling detained
December 2008, the plaintiff Zhang and Wang, friends, co-Lee trio prepared three million gambling money ready to go to Macau for gambling, which invested 200,000 yuan Zhang, Wang invested 500,http://www.matsue-yado.com/otoku/clip.cgi,nike destock,000 yuan,hogan torino, Lee invested 2.3 million yuan.
According to Zhang speaking, the three first Guangzhou, originally intended to go to Macau, but not completed due to a passport,giubbotti moncler prezzi, a person had to go by Wang.
December 26 the same year,http://www.trekbbs.com/forumdisplay.cgi, Wang alone to gamble in casinos in Macau, Zhang and Li stayed in Guangzhou "support." They took a room at the hotel,cadriano outlet woolrich, while maintaining contact with Wang by telephone, while the form of a chart note the case of gambling bets, out points and win or lose situation, and to help analyze how the phone Wang bet and how much charge. Wang agreed in accordance with the contents of telephone betting site. As of December 31, 2008 morning, Zhang and Li in the hotel room when Canton police raid seized by Wang in Macau has won 11.3 million Hong Kong dollars. January 1, 2009, Wang back from Macau,nike air max homme pas cher, Guangzhou, the woman was arrested.
Guangzhou police determined that three of the acts are "joint participation baccarat gambling." July 7, 2009, the Guangzhou Municipal Public Security Bureau on the trio made the decision: their detention for 15 days, a fine of 1,000 yuan per person,http://bbs.chsh168.com/forum.php?mod=viewthread&tid=9778, and confiscated three million gambling and betting money recovered 11.3 million Hong Kong dollars.
Because against administrative penalties, administrative proceedings afterwards Zhang Chaoyang Court to set aside the decision on punishment.
Differences within the gambling or offshore gambling?
In Macao, gambling is not illegal.
Zhang trio acts exactly the nature of the territory belonging to gambling or offshore gambling, whether directly related to the Guangzhou police have jurisdiction, which has become both the original defendant opinions biggest differences.
Zhang's attorney recognized this was "a man of gambling, they participate in" behavior. But he believes that although it is gambling, but to consider the differences between the inside and outside factors. Lawyers said the incidence of gambling in Macau, Wang, and according to the laws of Macau,http://www.hjjfr.com/bbs/forum.php?mod=viewthread&tid=36253&fromuid=21654, gambling is not illegal, so the case should not apply to the territory of the "Security Administration Punishment Law",prezzi moncler, the Guangzhou Municipal Public Security Bureau has no jurisdiction over this.
But the Guangzhou Municipal Public Security Bureau that the conduct of the nature of the three are "in the territory participate by telephone outside the casino's gambling activities," and the three-for-profit, illegally acquired money subjective intent clear,http://www.matsue-yado.com/otoku/clip.cgi, but a large amount of money for gambling, serious and adverse social impact.
Guangzhou Municipal Public Security Bureau alleged that in accordance with Ministry of Public Security in 2005, May 25 Kusakabe "on handling cases of illegal gambling law applicable to a number of issues notice" requirement, for our country to participate in activities outside of casino gambling by phone,http://sledarmy.com/activity/p/400497/, and public security organs have the right to investigate, and punish the violator.
But Zhang's lawyers say that, Ministry of Public Security of this "notice" should apply the premise is that the behavior of people involved in the offshore casino gambling,woolrich rivenditori, and is the way to bet directly by phone,http://bbs.155.cn/home.php?mod=spacecp&ac=blog&blogid=, rather than the Candu staff.
The lawyer pointed out in court,nike air max 90 pas chere, the three acts still belong to Chinese law blind. If you think that this behavior does have hazards, then the legislation should be adopted to accelerate the punishment instead of using the case to be resolved.
Judgment
Three constitutes a "complete gambling behavior."
Court after hearing that Zhang and the others act has inseparability,http://bbs.uoosong.com/forum.php?mod=viewthread&tid=442979, command betting behavior in Guangzhou, the implementation of betting behavior in Macau, the above acts constitute a complete gambling behavior. Therefore, the Guangzhou Municipal Public Security Bureau in accordance with the principle of territorial jurisdiction over gambling behavior has jurisdiction involved.
Ruling also noted that Zhang and the others in an interview with the public security organs investigation and inquiry, to consult together, funded and actual participation in gambling activities in Macau facts are to be recognized. Three people involved in gambling activities are not independent, but there is a clear division of labor, so you can identify the three men involved in gambling behavior is a violation of the provisions of the Public Security Administration Punishment Law. Guangzhou Municipal Public Security Bureau based on "Security Administration Punishment Law" Zhang punishment law was correctly applied, and the amplitude of the appropriate punishment.
Accordingly the court dismissed the claims of Zhang. (The parties are not his real name)
Explain
Notify the Ministry of Public Security shall apply
Specific forms of participation in gambling, Ministry of Public Security on May 25, 2005 was made "on the handling of cases of illegal gambling law applicable to a number of issues," the notice provisions of Article II: "In the territory of People's Republic of China through a computer network, telephone , SMS,chaussures jordan femme pas cher, etc. involved in offshore casino gambling activity,woolrich outlet cadriano, or People's Republic of China citizens to go abroad to casino gambling, gambling winners and losers in the territory of the settlement, shall be punished in accordance with relevant provisions of the "Regulations on Administrative Penalties for Public Security" in. "
The court held that "notice" is the explanation for the "Security Administration Punishment Act" involved in gambling-related offenses constitute conduct, though, is before the implementation of Security Administration Punishment Act made, but after the introduction of the Security Administration Punishment Law,peuterey bambino, Ministry of Public Security Elements does not make gambling illegal for new interpretations, and therefore did not repeal shall apply. Newspaper reporter Zhang Lei