Borrowing money to gamble is not considered an illegal gambling debt

According to the judicial interpretation of the Supreme People's Court, this situation is not protected! However, if the lender does not know the purpose of the borrower's loan, such as the borrower deceives the lender that there are other purposes, then of course it must be protected by the law!

Article 11 of the Several Opinions of the Supreme People's Court on the Trial of Lending Cases by the People's Courts stipulates that: "Where a lender clearly knows that the borrower borrows money for the purpose of carrying out illegal activities, its lending relationship shall not be protected. Illegal lending by both parties may be sanctioned in accordance with the provisions of Article 134, Paragraph 3 of the General Principles of the Civil Law and Articles 163 and 164 of the Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation).

Therefore, if the lender clearly knows that the borrower is borrowing money for illegal activities such as gambling at the time of borrowing, the law does not protect the lending relationship, so if the lender uses legal means to recover the money from the borrower, it will not be supported by the law, and the loan and the agreed interest (not exceeding four times the bank's loan interest rate for the same period) will be confiscated.

However, if it cannot be proved that B knew that A was using the money for gambling at the time of lending, the loan contract relationship between A and B is legally valid because the form and content are legal. The second paragraph of Article 197 of the Contract Law of the People's Republic of China stipulates that "the content of the loan contract shall include the terms of the type, currency, purpose, amount, interest rate, term and repayment method of the loan.

Therefore, if Party A and Party B have agreed on the purpose of the loan, A shall be liable for breach of contract if it constitutes a breach of contract; If A and B do not agree on the purpose of the loan, then from the perspective of contract law, a legal and valid loan contract will inevitably exclude illegal purposes such as gambling, and the borrower's behavior will also constitute a breach of contract. However, the fact that B later knew that A had borrowed money for gambling did not constitute a tacit acquiescence to his behavior, so B not only had the right to demand repayment, but also required him to bear the corresponding liability for breach of contract.

Borrowing money for gambling is not a fraud, but it is illegal. The law stipulates that if the lender knows or should know in advance that the borrower is borrowing money for illegal or criminal activities but still provides the loan, it is an invalid loan contract and is not protected by law. Therefore, if a party borrows money for gambling, the creditor's right is not protected by law.

[Legal basis].

Article 14 of the Provisions on Several Issues Concerning the Law on the Adaptation of the Use of Money in the Trial of Private Lending Cases (2020 Amendment).

In any of the following circumstances, the people's court shall find that the private lending contract is invalid:

1) Arbitrage loans from financial institutions for on-lending;

2) Relending funds obtained by borrowing money from other for-profit legal persons, raising funds from employees of that unit, or illegally absorbing deposits from the public;

3) Lenders who have not obtained lending qualifications in accordance with law, and provide loans to specific targets for the purpose of making profits;

4) The lender knew or should have known in advance that the borrower was borrowing money for illegal or criminal activities, but still provided the loan;

5) Violating mandatory provisions of laws or administrative regulations;

6) Violating public order and good customs.

It is illegal to borrow money to gamble for the purpose of profit, and the gambling capital is large. Specifically, they are to be detained for up to 5 days or fined up to 500 RMB. where the circumstances are serious, the brother is to be detained for between 10 and 15 days, and a fine of between 500 and 3,000 RMB is to be given.

Article 303 of the Criminal Law stipulates that anyone who, for the purpose of making profits, gathers a crowd to gamble or engages in gambling shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall also be fined. where a casino is opened, a sentence of up to five years imprisonment, short-term detention or controlled release is to be given, and a concurrent fine; where the circumstances are serious, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given.

The perpetrator's act of borrowing money to gamble is an illegal act, and the public security organs shall impose corresponding public security penalties on them; If the amount of gambling is relatively large, constituting a state high crime, the corresponding criminal responsibility may also be pursued by Pinhui: for the purpose of profit, gathering crowds to gamble or gambling as a business, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall also be fined. Loss answer.

It is illegal to borrow money to gamble for the purpose of profit, and the gambling capital is large. Specifically, they are to be detained for up to 5 days or fined up to 500 RMB. where the circumstances are serious, they are to be detained for between 10 and 15 days and fined between 500 and 3,000 RMB.

1. Gathering crowds to gamble and detaining them for several days.

Where the perpetrator gathers to gamble and is detained for several days, depending on the perpetrator's conduct, the perpetrator provides conditions for gambling for the purpose of making profits, or where the brother fights and participates in gambling with a relatively large amount of money, is to be detained for up to 5 days or fined up to 500 RMB; where the circumstances are serious, they are to be detained for between 10 and 15 days and fined between 500 and 3,000 RMB. if a crime is constituted, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and a concurrent fine.

2. How long will I be detained if I am caught by the police station with a mahjong in my hand?

Playing mahjong will be arrested by the police station, whether to be detained, and how long to be detained, needs to be analyzed according to the specific situation. According to the laws of our country, those who provide conditions for gambling for the purpose of making profits, or who participate in gambling with a large amount of money, shall be detained for up to five days or fined up to 500 yuan; where the circumstances are serious, they are to be detained for between 10 and 15 days and fined between 500 and 3,000 RMB.

3. Is it illegal to do chess and card promotion?

If it is the best promotion of chess and card game app, it is only a civil act and will not be illegal. However, it is illegal to gamble for profit. Where conditions are provided for gambling for the purpose of profit, or where the amount of money involved in gambling is relatively large, they are to be detained for 5 days or fined up to 500 RMB; where the circumstances are serious, they are to be detained for between 10 and 15 days and fined between 500 and 3,000 RMB.

Article 303 of the Criminal Law stipulates that whoever gathers a crowd to gamble or uses gambling as a business for the purpose of making a profit shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall also be fined.

where a casino is opened, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and a concurrent fine; where the circumstances are serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

Summary. As long as the borrower borrows money for what the borrower borrows the money for, the lender has no control over how the lender's money comes from, and the borrower has no right to interfere with how the lender's money comes from. It is a loan.

Borrowing money to gamble, is the borrowed money considered gambling debt?

As for what the borrower borrows the money for, the lender has no control over it, and how the lender's money comes from, the borrower has no right to interfere. It is a loan.

Legal basis: Article 667 of the Civil Code (in effect) [Definition of Loan Contract] A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due. Article 668: [Form and Content of Loan Contracts] Loan contracts shall be in written form, unless otherwise agreed upon in the borrowing between natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method. Article 669: [Borrower's Obligation to Provide Truthful Information] To conclude a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan. Article 6 and 170 [Interest on the loan shall not be deducted in advance] The interest on the first bend of the loan shall not be deducted from the principal in advance.

If the interest is deducted from the principal in advance, the loan shall be returned according to the actual amount borrowed and the interest shall be calculated. Article 671: [Consequences of Lender's Failure to Provide Loans as Agreed and Borrowers' Failure to Collect Loans as Agreed] Where a lender fails to provide loans on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses. If the borrower fails to collect the loan in accordance with the agreed date and amount, it shall pay interest on the agreed date and amount.

If the lender clearly knows that the borrower is borrowing money for gambling, the loan is an illegal debt and is not protected by law, and the people's court will not support the lender's claim for the loan.

Article 13 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases shall find that the private lending contract is invalid under any of the following circumstances: (1) Arbitraging loans from financial institutions for re-lending; 2) Relending funds obtained by borrowing money from other for-profit legal persons, raising funds from employees of that unit, or illegally absorbing deposits from the public; (3rd grade) Lenders who have not obtained lending qualifications in accordance with law, and provide loans to unspecified targets in society for the purpose of making profits; (4) The lender knew or should have known in advance that the borrower was borrowing money for illegal or criminal activities, but still providing the loan; 5) Violating mandatory provisions of laws or administrative regulations; 6) Violating public order and good customs.

If you borrow it, it is considered a crime, and gambling debts are not protected by law. Those suspected of gambling crimes may be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall also be fined. Article 303 of the Criminal Law of the People's Republic of China [Gambling Crime; Whoever gathers a crowd to gamble or uses gambling as a business for the purpose of making profits, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall also be fined.

Where a casino is opened, a sentence of up to three years imprisonment, short-term detention, or controlled release is to be given, and a concurrent fine; where the failure of the festival is serious, the sentence is between three and ten years imprisonment and a concurrent fine.