According to the law, the public security organ suspected of gambling crimes will be transferred to the people's procuratorate after the investigation is completed, and the people's procuratorate will review and decide to prosecute. If the people's procuratorate considers that the evidence is insufficient during the examination, it may return it to the public security organ for supplementary investigation. If the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution in the case of the second supplementary investigation, it shall make a decision not to prosecute. If the accused is in custody, he shall be released immediately. Legal basis: Article 160 of the Criminal Procedure Law stipulates that the public security organ shall ensure that the criminal facts are clear and the evidence is true and sufficient when investigating the closed case, and write a prosecution opinion, which shall be transferred to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case. Article 170 When examining a case, the people's procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender, the victim and his agent ad litem, and put them on record. If defenders, victims and their agents ad litem put forward written opinions, they shall attach a volume. Article 171 When examining a case, the people's procuratorate may request the public security organ to provide evidence materials necessary for the trial; If he thinks that there may be cases of collecting evidence by illegal means as stipulated in Article 54 of this Law, he may be required to explain the legality of collecting evidence. When examining a case, the people's procuratorate may return it to the public security organ for supplementary investigation or conduct its own investigation. A case under supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution. If the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution in the case of the second supplementary investigation, it shall make a decision not to prosecute. Article 174 The decision not to prosecute shall be publicly announced, and the decision not to prosecute shall be served on the person who is not prosecuted and the unit to which he belongs. If the accused is in custody, he shall be released immediately. If your situation is complicated, this website also provides online consultation service for lawyers, and you are welcome to make legal consultation.

Legal objectivity:

Article 70 of the Law on Public Security Administration Punishment provides conditions for gambling for the purpose of making profits, or participates in gambling in a large amount, and shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than 10 and less than 15, and fined for more than 3,000 yuan in 500 yuan.