Is it reasonable to sentence attempted smuggling to six months?

If the smuggling act is serious, it is in line with the crime of crossing the country (border) stipulated in the Criminal Law of People's Republic of China (PRC), and the crime is attempted, it is reasonable to sentence it to six months.

It is necessary to go through political examination to apply for positions in public security organs. Generally, you will be asked to go to the local police station to issue a certificate of innocence. According to the relevant provisions of the "Measures for Public Security Organs to Hire People's Police for Political Examination" issued by the Ministry of Public Security, the political examination of public security organs only stipulates that the object of investigation has been criminally punished or exempted from criminal punishment according to the provisions of the Criminal Law. In short, the subject has committed a crime, and no matter whether he has been punished or not, he is not allowed to be employed. Secondly, if the subject has been punished by administrative detention for gang fighting, theft, fraud, robbery, looting, extortion, etc. He may not be employed. Administrative detention is an administrative punishment, not a criminal punishment, and the degree of illegality is not as serious as that of criminal offence. Therefore, certain restrictions are imposed on acts that cannot be specified due to administrative detention, which are limited to affray, theft, fraud, robbery, extortion and other acts. That is to say, administrative detention for other acts will not affect the employment of public security organs.

To sum up, driving without a license's administrative detention is not a condition that he cannot be recognized as an employee. Therefore, people who have been administratively detained in driving without a license can work in public security organs.

If the smuggling is serious enough to meet the crime of crossing the country (border) as stipulated in the Criminal Law of People's Republic of China (PRC), he shall be sentenced to fixed-term imprisonment of not less than one year but not more than three years in accordance with the provisions of the Criminal Law. If the perpetrator attempts to smuggle, the punishment for the attempted offender can be mitigated by comparing with the accomplished offender. Mitigating punishment can be applied to the punishment below the statutory punishment. Therefore, it is legal to apply mitigated punishment to the attempted offender, and it is also legal to sentence him to the statutory minimum penalty of criminal law for less than one year.

Lighter punishment is different from mitigated punishment. Lighter punishment means sentencing within the statutory penalty range, and mitigated punishment means sentencing below the statutory penalty. Lighter punishment is not to find the middle line in the statutory punishment and punish below the middle line, but to be lighter than the punishment without lighter punishment. If there are multiple sentencing ranges for crimes involving mitigated punishment, the penalty shall be imposed within the next sentencing range of the statutory sentencing range. A judge has the power of adjudication, and can decide sentencing at his discretion within the scope permitted by law.

Therefore, it is reasonable to sentence illegal immigrants to six months' imprisonment if the circumstances are serious, which accords with the crime of crossing the border illegally stipulated in the Criminal Law of People's Republic of China (PRC).

Notice of the Ministry of Public Security on printing and distributing the Measures for the Political Examination of People's Police Employed by Public Security Organs

Article 8 In any of the following circumstances, the interviewee shall not be determined as the candidate to be hired:

(1) divulging state secrets or work secrets, or committing acts that endanger national security, honor and interests;

(2) Organizing, participating in or supporting illegal organizations such as violent terror, ethnic division, religious extremism, cults and underworld, or participating in related activities;

(three) to organize and participate in online forums, groups, live broadcasts and other activities against the theory, line, principles and policies of the China Communist Party;

(4) Fabricating, producing, publishing, publishing or disseminating harmful information against China's * * * production party and Socialism with Chinese characteristics system or violating national laws and regulations, or joining a political organization prohibited by the state;

(five) the formation of a party group through the Internet, to participate in or mobilize the series, joint, assembly and other illegal network activities;

(6) Having received criminal punishment or being exempted from criminal punishment according to the criminal law, or having been reeducated through labor, received education or being educated;

(7) Having been punished by administrative detention for gang fighting, theft, fraud, robbery, robbery and extortion;

(eight) by the party's demerits or dismissal; Cancellation of employment by the authorities according to regulations; Being dismissed by an organ or a state-owned enterprise; The staff of a public institution is demoted or dismissed; Civil servants in leading positions have resigned or been ordered to resign for less than three years;

(9) The practicing certificates of lawyers and notaries have been revoked;

(10) Being expelled from the League or expelled from the school during the period of receiving higher education;

(eleven) organizing, participating in and supporting illegal assembly, procession, demonstration and other activities;

(12) Suppressing criticism, taking revenge or practicing fraud, misleading or deceiving leaders or the public;

(thirteen) dereliction of duty, delaying work or abuse of power, infringing upon the legitimate rights and interests of citizens, legal persons and other organizations;

(fourteen) corruption, taking advantage of his position to seek personal gain for himself or others or violating financial discipline, wasting state or collective assets;

(fifteen) organizing, participating in and supporting pornography, drug abuse, gambling, superstition and other activities;

(16) Having been found to have committed serious violations of discipline and discipline such as fraud in the national statutory examination, or having been found to have organized cheating in other examinations other than the national examination prescribed by law;

(seventeen) has obtained or is applying for permanent residency or long-term residence permit outside the country (territory); The spouse has obtained or is applying for foreign nationality or permanent residence or long-term residence permit outside the country (territory); No spouse, children have obtained or are applying for foreign nationality or permanent residence or long-term residence permit outside the country (territory); The above-mentioned personnel are all residents of Hong Kong and Macao except those who have obtained the identity cards of the People's Republic of China;

(18) Important materials recording information such as date of birth, working hours, time of joining the Party (League), education, experience and identity. The personal file is missing and seriously inaccurate, and the object of investigation cannot be filled in within the specified inspection period, or it is suspected of fraud and cannot be effectively identified;

(nineteen) serious violation of professional ethics, social morality and family virtues; Bad moral character, poor sense of social responsibility and service for the people;

(twenty) as a joint disciplinary object of dishonesty according to law;

(twenty-one) other conditions that do not meet the political quality and moral quality of the people's police of public security organs.

Criminal law of the people's Republic of China

Article 322 Whoever, in violation of the laws and regulations on the administration of the state (frontier), illegally crosses the state (frontier), if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance and shall also be fined; Whoever steals across the country (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.

Article 23 If a crime has been committed and fails due to reasons other than the will of the criminal, it is an attempted crime.

Attempted crime can be given a lighter or mitigated punishment according to the accomplished crime.

Article 62 If a criminal is given a heavier punishment or a lighter punishment as stipulated in this Law, he shall be sentenced to punishment within the limits of statutory punishment.

Article 63 If a criminal has the circumstances of mitigating punishment as stipulated in this Law, he shall be sentenced to a punishment less than the statutory punishment; If there are several sentencing ranges stipulated in this Law, the penalty shall be imposed within the next sentencing range of the statutory sentencing range.

Although criminals do not have mitigating circumstances as stipulated in this Law, according to the special circumstances of the case, with the approval of the Supreme People's Court, they may also be sentenced to a penalty below the statutory penalty.