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China is one of the few countries in the world that criminalises gambling, and a recent crackdown on gambling activities by the Chinese authorities has resulted in an increased number of Red Notices and other INTERPOL alerts being issued for gambling offences.
Article 303 of the Criminal Law of the People’s Republic of China states that:
Whoever, for the purpose of profit, gathers people to engage in gambling, runs a gambling house or makes gambling his profession shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.
The mere act of operating a gambling house or casino for the purpose of profit is a criminal offence in China. This includes online gambling websites operated from outside China but accessible to people within China.
The purpose of an INTERPOL Red Notice is to locate a person who is wanted either for prosecution or to serve a prison sentence. It is a preliminary step towards securing their surrender to the country where they are wanted. Once the person has been located and the requesting state informed, the authorities in that country are expected to take steps to secure their surrender, usually by issuing an extradition request.
A central principle governing extradition in most countries is that the offence for which extradition is sought must amount to a criminal offence not only in the requesting state but also under the domestic law of the country that receives the extradition request. This is known as dual criminality. If this cannot be established, extradition cannot take place.
This is a relevant consideration for INTERPOL when it comes to Red Notices. A Red Notice issued for an offence that does not amount to a criminal offence in the vast majority of other INTERPOL Member States cannot serve a useful purpose because extradition is not a realistic prospect. In these cases, INTERPOL should refuse to issue the Red Notice when it is requested by the Member State.
Despite this position, we have seen recent examples of INTERPOL issuing Red Notices and other alerts for gambling offences at China’s request, requiring those against whom they have been issued to apply to INTERPOL for their removal, a process which can take as long as a year to complete.
If you believe that a Red Notice has been or is likely to be issued against you, get in touch with our experienced INTERPOL lawyers to find out how we can help. We are experts in this field and have extensive experience assisting clients in finding out whether Red Notices have been issued and taking steps to secure their removal, including cases involving gambling offences in China.
about the author
Will is a senior associate in the criminal litigation team with a practice focussing predominantly on serious and complex crime, extradition and INTERPOL Red Notices.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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