The crime of smuggling refers to the act that a natural person crosses the national border without going through the designated port or passing the border inspection, or without obtaining an exit permit or an entry permit, and can be investigated for administrative responsibility or criminal responsibility. Those who evade entry-exit frontier inspection shall be fined 1000 yuan to 5,000 yuan. If the circumstances are serious, he shall be detained for more than 5 days and may be fined more than 2000 yuan 1000 yuan.
The ringleader of a group that organizes others to cross the border illegally, causing serious injuries or death, shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.
Whoever, in violation of the border management regulations, illegally crosses the border (frontier), 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. It can be seen that it must be a serious cross-border act to constitute a cross-border crime; If the perpetrator's illegal cross-border behavior does not meet the standard of "serious circumstances", it does not constitute the crime of illegal cross-border and should not be investigated for criminal responsibility.
One, stealing across the country (border), one of the following circumstances, should be considered as serious:
1, committing acts that harm national interests abroad;
2. Stealing across the country (border) for more than three times or three or more people ganging up to steal across the country (border);
3, woo, lure others to steal across the country (border);
4. Collaborate with overseas organizations and personnel to steal across the country (border);
5. Stealing across the country (border) within one year after being punished by administrative punishment for stealing across the country (border);
6. Other serious circumstances.
Two, one of the following circumstances, it should be recognized as stealing across the country (border):
1, entering or leaving the country without entry and exit documents or evading border inspection;
2. Use forged, altered or invalid entry and exit documents to enter or leave the country;
3. Use other people's entry and exit certificates to enter or leave the country;
4. Using entry and exit documents obtained by means of false entry and exit reasons, concealing true identity or fraudulently using other people's identity documents;
5. Illegally entering or leaving the country by other means.
Legal basis:
Criminal law of the people's Republic of China
Article 67 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. If a criminal suspect, defendant or criminal serving a sentence who has taken compulsory measures truthfully confesses other crimes that have not been mastered by the judicial organs, he shall be deemed to have surrendered himself. Although a criminal suspect does not have the circumstances of surrender as stipulated in the preceding two paragraphs, but truthfully confesses his crime, he may be given a lighter punishment or mitigated punishment to avoid particularly serious consequences.