1. The object of probation is criminals sentenced to criminal detention and fixed-term imprisonment of less than three years.

2. The crime of opening a casino shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.

3. The judgment of "serious circumstances" should be combined with the analysis of specific cases. Since it is not convenient to list them one by one, please refer to the following legal basis for judgment.

4. In combination with this case, your husband should be an accessory, and the probability of probation is very high, but if your husband is in serious circumstances, the probability of probation is small. I suggest that you must entrust a professional criminal lawyer to provide help without delay.

The final application of probation is decided by the judge in combination with the circumstances of the case, public prosecution opinions and defense opinions.

Legal basis:

Article 72 of the Criminal Law may declare a suspended sentence for a criminal sentenced to criminal detention and fixed-term imprisonment of not more than three years, provided that the following conditions are met at the same time, and suspended sentences shall be declared for those who are under the age of 18, pregnant women and those who have reached the age of 75:

(1) The circumstances of the crime are relatively minor;

(2) showing repentance;

(3) There is no danger of committing another crime;

(4) The announcement of probation has no significant adverse effects on the community where you live.

Probation can be announced according to the situation of the crime, and at the same time, criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific people during the probation period of probation.

if a criminal who has been suspended is sentenced to additional punishment, the additional punishment must still be executed.

article 313 whoever gathers people to gamble or gamble for the purpose of making profits shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.

"Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.

Opinions on Several Issues Concerning the Application of Laws in Handling Cases of Opening Casinos with Gambling Machines

II. Criterion for Conviction and Punishment of Opening Casinos with Gambling Machines

If a gambling machine is set up to organize gambling activities, it shall be convicted and punished according to the crime of opening casinos as stipulated in the second paragraph of Article 313 of the Criminal Law:

(1) More than 11 gambling machines are set up;

(2) setting up more than 2 gambling machines to allow minors to gamble;

(3) setting up more than 2 gambling machines near primary and secondary schools;

(4) The accumulated illegal income reaches more than 5,111 yuan;

(5) The accumulated amount of gambling funds reaches more than 51,111 yuan;

(6) The cumulative number of gamblers has reached more than 21;

(7) after administrative punishment for setting up gambling machines, more than 5 gambling machines are set up within two years;

(8) after being criminally punished for gambling and opening a casino, more than 5 gambling machines are set up within five years;

(9) Other circumstances that should be investigated for criminal responsibility.

if a gambling machine is set up to organize gambling activities in any of the following circumstances, it shall be deemed as "serious circumstances" as stipulated in the second paragraph of Article 313 of the Criminal Law:

(1) The number or amount reaches more than six times the standards stipulated in Items 1 to 6 of Paragraph 1 of Article 2;

(2) after being given administrative punishment for setting up gambling machines, more than 31 gambling machines are set up within two years;

(3) after being criminally punished for gambling and opening a casino, more than 31 gambling machines are set up within five years;

(4) Other serious circumstances.

The number of gambling machines that can be used by many people at the same time shall be determined according to the number of basic operating units that can be independently used by one person for gambling activities.

gambling machines are set up in two or more places, and the number of gambling machines, illegal income, gambling amount and the number of gambling participants are calculated together.