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How many years will the crime of smuggling be sentenced in 2020?
1. What is the crime of smuggling?
The crime of smuggling refers to the act of entering or leaving the country by illegal, fraudulent or coercive means without approval or registration in violation of the state border control regulations. China also has relevant laws and regulations on illegal immigration. According to Article 329 of the Criminal Law, the crime of smuggling includes: providing entry and exit services for illegal immigrants; Organizing and subsidizing others to smuggle. For this crime, the maximum penalty is the death penalty. But under normal circumstances, the term of imprisonment for the crime of smuggling is relatively wide. According to Article 332 of the Criminal Law, the term of imprisonment for the crime of smuggling is generally more than three years and less than seven years, and a fine is also imposed. However, in some cases, if smuggling involves other criminal activities or endangers national security, the amount of imprisonment and fines will increase accordingly due to the seriousness of the case. At the same time, for those who voluntarily surrender, truthfully confess and actively compensate, the judicial organs may also give a lighter or mitigated punishment according to law. In addition to criminal responsibility, China has also made corresponding administrative regulations on illegal immigrants. As one of the internationally recognized important issues, combating illegal immigration is a challenge that every country and region must face. Therefore, in daily life, we should respect the law, not participate in any illegal and criminal activities, actively report and expose illegal immigrants around us, and safeguard national security and stability.
Second, how many years is the general sentence for smuggling?
There is no crime of illegal entry in China, and it violates the laws and regulations on the administration of national (border) territory and illegally crosses the national (border) territory. If the circumstances are serious, it constitutes the crime of stealing across the country (border). Be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and also be fined. Whoever carries out transportation for many times shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined. The crime of illegally crossing the country (border) refers to a serious act of violating the laws and regulations on the administration of the country (border) and stealing the country (border).
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Article 318 of the Criminal Law of People's Republic of China (PRC) commits the crime of organizing others to steal across the country (border). Whoever organizes others to cross the country (border) illegally 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.
Whoever commits the crime mentioned in the preceding paragraph and commits such criminal acts as killing, injuring, raping, abducting and selling the organizer or killing or injuring the inspector shall be punished in accordance with the provisions on combined punishment for several crimes.
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