Why are you not punished for gambling? ? Lawyer explains (Shoya Fukunaga) –Apiring

By the way, in the previous article, the mayor of Iizuka City, Fukuoka Prefecture was betting mahjong and became a problem, and mentioned the possibility of the mayor’s punishment, but this time, in the world. Most of the countless mahjong shops (sparrow) are actually illegal stores, and I would like to comment on the questions that everyone who bet Mahjong may be punished for gambling.

Last article: Will the mayor who discovered the betting Mahjong be punished for gambling? ? Lawyer explains

Jakuso and their customers are illegal! ?

First of all, the crime of gambling is not only a gambling crime applied to the gambling person, but also a gambling place opening, which is applied to those who opened the gambling field and trying to make a profit, and overseas. Rather, the gambling itself is free, and it seems that there are many cases where only the gambling place is limited.

Reference “Article 186, Paragraph 2 of the Penal Code: Those who open the gambling field or bind and make a profit for more than five years.”

By the way, about the sparrow villas that are overflowing throughout the town and the customers, according to the concept of the precedents, as long as you bet on money, it is illegal regardless of the amount, and the sparrow field is opened. The crimes, customers, have to say that they are gambling.

(By the way, the mahjong tournament, which is a prize money, does not fall under the prize money if a sponsor is not a participant.)

So why is Jakuso continuing to be open?

That’s because the police have missed it.

In the first place, all crimes in the world have been investigated, charged, and can be charged, and the police and prosecutors have been given a certain discretion for investigations and indictments.

It may seem surprising, but there is no law that clearly indicates the general investigation obligations in the investigative agency, and the decision on whether or not the case is applied to a criminal trial is basically entrusted to the prosecutor’s discretion. It is.

Reference “Article 248 of the Criminal Procedure Code: If you do not require prosecution due to the character, age and circumstances of the criminal, the light weight of crime, and the situation after the crime, you can not make a prosecution.”

What is the level of gambling crimes?

It is said that a shop that plays mahjong at least at least 1000 points or more than 1000 yen or more (about 30,000 yen in one hour) will be caught, and in fact, a cartoonist. Mr. Nakameguro (provisional) has a east wind battle of 1000 points in Kabukicho (the rules that are settled in half of the normal rules, and the bets per hour are substantially doubled). He was arrested for the current criminal and was fined 100,000 yen.

If you think that a gambling is a very bad image, you may think that you only need a fine of 100,000 yen, but the gambling crime is up to 500,000 yen or less in the first place. It is a sin that only fines.

For the time being, gambling crimes include the added crimes called addictive gambling, and “addictive” determines whether the gambling habit is based on the nature, type, betting, etc. of the gambling. It is said (Supreme Court ruling on February 10, 1946), but a certain manga artist Hiroo (provisional) does not apply to the arrested store two weeks a week. did.

See “Article 186, Paragraph 1 of the Penal Code: Those who have gambling as addictive will be sentenced to prison for less than three years.”

To put it back, a certain manga artist, Roppongi, is basically unquestioned in the judgment of the investigative agency, as for sparrow that uses a loose rate than the arrested rate. It seems to be continuing.

However, it is not the case that it will be caught at all, and on April 27, 2011, a store with 1000 points (called Tengo, a average rate of sparrow villas nationwide) was caught. , Business owners and employees were arrested and became a hot topic (it seems that customers are unquestioned).

However, the store 크레이지슬롯 that was caught at this time, using a woman who is an employee, was operating in a business form that requires permission from the Law, and the rate of tissue papers distributed for advertising. There are rumors that it was not caught even though it was simply operated as other stores, such as (usually writes like a wind speed of 0.5). not clear).

Similarly, it seems that there are usually cases where the jarring law is noted by the law, but not the regulation of late -night business, not the gambling crime.

However, in any case, only special cases such as high -rate stores with a 1000 -point 200 yen or more, which are 1000 points or more, which is not easily found in the city so far. It is unlikely that customers will be arrested in the average sparrow.

Why is the sparrow villa, which should be illegal, left unattended?

In fact, the gambling crimes are stipulated and there are cases, so why are the illegal state of such a sparrow villa abandoned, despite the high possibility that you will be guilty if you are caught. Uh?

I think this is related to the purpose of gambling.

As I wrote in the previous article, in the precedent, the reasons for the gambling of the gambling, regardless of the legitimate cause of work, etc., are lucky (lucky without effort. If the feeling of wanting to get) is fueled, the lazy and waste tide spreads, not only harms the health of healthy and cultural labor, but also triggers assault, intimidation, killing, theft, robbery, etc. It has been stated that there is even a fear of a serious disability in the function of the national economy.

However, no matter how much gambling, I don’t think it would easily induce killing and robbery, and in the first place there are many public gambling in Japan, and it doesn’t make much sense to regulate only betting mahjong.

Public gambling is a gambling that is exceptionally recognized by individual laws for gambling prohibited by criminal law, and has horse racing, bicycle racing, boat racing, and auto racing.

In addition, it is not legally gambling, but there are also pachinko and pachislot.

In addition, it is said that the market size of pachinko and pachislot is about 23 trillion yen, and the market size of the entire public gambling such as horse racing and bicycle racing is about 4 trillion yen. You can see (the amount varies slightly depending on the reference source. The same is true hereinafter).

And the market size of mahjong is said to be about 50 billion yen, and it can be seen that it is extremely small compared to the influence of pachinko and other society.

The market size of each gambling is different, pachinko / pachislot is the amount of rental balls and rental medals, public gambling is the purchase amount of betting tickets, etc., Mahjong is the game fee paid to the Jakuso, the simple comparison is. I can’t, but at least, at the point where public gambling and pachinko / pachislot exist, it can be seen that there is no significant difference in gambling impact on gambling even if you regulate only betting mahjong.

Furthermore, in terms of whether or not to fuel gambling, public gambling can be used in one race, so it is possible to select high -risk high returns, and above all, buy for 100 yen for horse racing. There is a jackpot that the betting ticket costs more than 20 million yen.

Even in pachinko slots, depending on the model, it seems that 100,000 or 200,000 yen may move one day.

Furthermore, the transaction of financial products, which is not gambling, is always affected by coincidence, often moves large money, and has strong gambling. In fact, while I was climbing in Antarctica at the end of last year, I was lost in FX and suffered a lot of loss.

On the other hand, in the betting mahjong, the rate is set under the agreement of all the players, so it cannot be lifted to a high rate on its own, and many of the average rates of many sparrow villas. For 100 yen or 50 yen, at most tens of thousands of yen a day.

In this way, betting mahjong is formally a gambling crime, but if it is a rate used by many stores, the beautiful and cultural labor is more healthy and culturally than a public gambling. It cannot be said that it is harmful, and it can be evaluated that there is little substantial illegality.

As a result, I think that the investigative agency probably has a certain standard of a certain standard and basically draws a line that does not need to be caught (to a friend’s prosecutor). Although it was interviewed, there was no clear standard).

On top of that, besides betting mahjong, it is special if the profits are returning to anti -social forces, there is a problem with compliance with the law, and there are many problems with customers and employees. I think it has been caught.

However, in such a case, it is extremely rare for customers to be caught in stores and their employees, and even though they are average rate, they are punished. 。

However, if the provisions of gambling sin are set up to maintain the function of the national economy, it seems that the corresponding mahjong must be properly cracked down on this, but this is thorough. Not doing, that is, the law has deviated from the reality of the reality.

Originally, I think that betting mahjong is legally acknowledged that it is a privately owned gambling, and it should be managed by permission system, and the actual situation and the law should be combined.

Aside, about casino bills

On December 15, a so -called casino bill (IR promotion bill and a law on the maintenance of the specified complex tourist facility area) was enacted in the Diet, promulgated and enforced on the 26th of the same month.

The IR Promotion Bill only determines the basic policy of the establishment and operation of casinos, and the specific content depends on the IR implementation law that aims to formulate within the next year.

In the process of the formation of these bills, it has been pointed out that gambling addiction is the disadvantage of legalization of casinos.

Indeed, if the precedent has been staggering, if the gambling is fueled, the lazy and waste trend will spread, not only harm the health of healthy and cultural labor, but also assault, intimidate, theft, and robbery. There is even a fear that it triggers and even causes a serious obstacle to the functions of the national economy.

However, as has already been mentioned in this article, Japan has already gambling such as a market size of about 23 trillion yen.

And the calculation of this market is the amount of rental balls, etc. (equivalent to sales), but the amount of money that has been deducted from the balls and medals lent by the pachinko parlor, the amount of the balls that the customer acquired as a result (rough). It is said that it is about 3.3 trillion yen in profits).

On the other hand, the gross profit of the entire Las Vegas as a whole is said to be about 650 billion yen, and the whole Macau is about 2.5 trillion yen, and there are already gambling in Japan that surpasses Las Vegas and Macau. (Moreover, pachinko parlors are physically scattered, so the public access is easy and the impact is large).

Nevertheless, pachinko / pachislot so far has been left unreasonable without legally gambling, but for the first time, a private gambling from the front is allowed, and as it has fallen, gambling. I don’t think it’s reasonable to focus on the disadvantages of inducing addiction.

Also, in the sense of addiction, the same can be said not only for casinos, but also for various preferences and entertainment, such as sake, tobacco, and branded goods, so it is not necessary to point out the problems of addiction only for casinos. We believe that the addiction for these should be left to the free choices of the people as they are not directly harmful to others.

* Because this article gives priority to easy -to -understand, there is a part that lacks legal strictness. There is also some differences in opinions by lawyers.

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