1, illegally returning to China and surrendering the case may be mitigated or exempted from punishment. This is because surrender is a legal circumstance that can reduce punishment and exempt punishment. Whoever illegally crosses the border according to relevant laws and regulations, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or control, and shall also be fined; Whoever illegally crosses the border for the purpose of joining a terrorist organization, receiving terrorist training or carrying out terrorist activities shall be sentenced to fixed-term imprisonment of not less than one year but not more than three years and shall also be fined.

2. Article 67 of the Criminal Law of People's Republic of China (PRC)

A person who voluntarily surrenders himself after committing a crime and truthfully confesses his crime is a voluntary surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted.

Second, how will the organization of smuggling be sentenced?

Whoever organizes others to illegally cross the country (border) shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated:

(1) The ringleader of a group that organizes others to cross the country (border) illegally;

(2) Organizing others to cross the border (frontier) for many times or organizing others to cross the border (frontier) with a large number of people.

Whoever, in accordance with relevant laws and regulations, organizes others to illegally cross the country (border) shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated:

(1) The ringleader of a group that organizes others to cross the country (border) illegally;

(2) Organizing others to cross the country (border) for many times or organizing others to cross the country (border) with a large number of people;

(3) Causing serious injury or death to the organizer;

(4) depriving or restricting the personal freedom of the organizer;

(5) resisting inspection by violence or threat;

(six) the amount of illegal income is huge;

(seven) there are other particularly serious circumstances.