民眾過年放假在家,因親友難得相聚,常會在家小賭、交流感情。惟鑑於刑法訂有「賭博罪」之條文,故在家小賭是否觸法,民眾或有疑慮。
事實上,關於賭博罪,刑法第266條規定:「在「公共場所」或「公眾得出入 之場所』賭博財物者,處五萬元以下罰金。」民眾過年在「家」小賭,應非屬 「公共或公眾得出入之場所」為之,而無觸法之虞,民眾無須過度擔心。
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During the Lunar New year holiday, many people gather with family and friends and many engage in small-scale gambling for fun and social bonding. However, since the Criminal Code includes provisions on gambling offenses, some may wonder whether such activities at home violate the law.
In reality, Article 266 of the Criminal Code states: "Anyone who gambles with money or valuables in a "public place or a "place open to the public" shall be subject to a fine of up to NT$50,000." Since gambling at home during the New Year takes place in a private setting rather than a public or publicly accessible location, it does not fall under this legal provision. Therefore, there is no legal concern, and people need not worry excessively.
March 29, 2025