How many years is the sentence for smuggling?

The crime of smuggling may violate Article 322 of China's Criminal Law and the crime of crossing the border illegally. If the circumstances are serious, they 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.

First of all, "serious circumstances" means (1) committing acts that harm the national interests abroad, (2) crossing the country (border) for more than three times, (3) wooing and luring others to cross the country (border), and (4) colluding with overseas organizations and personnel to cross the country (border).

Secondly, the act of "stealing across the country (border)" refers to (1) entering or leaving the country without entry and exit documents or evading border inspection (2) using forged, altered or invalid entry and exit documents (3) using other people's entry and exit documents to enter or leave the country (4) using false entry and exit reasons.

Finally, our country has cracked down on cross-border behavior severely, and the legal provisions and judicial interpretations on this kind of behavior are very complicated. It is suggested that the parties can still entrust a professional criminal lawyer to handle it.

legal ground

Article 322 of the Criminal Law If the crime of crossing the border violates the border management regulations, if the circumstances are serious, it 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 321st of the Criminal Law commits the crime of transporting others to cross the border illegally. Whoever transports others across the border illegally shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and shall also be fined. Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined:

(1) Carrying out the transportation behavior for many times or transporting a large number of people;

(two) the use of ships, vehicles and other means of transportation do not have the necessary safety conditions, which is enough to cause serious consequences;

(three) the amount of illegal income is huge;

(4) There are other particularly serious circumstances.

Whoever illegally transports others to cross the country (border) illegally and causes serious injury or death to the transported person or resists inspection by violence or threat shall be sentenced to fixed-term imprisonment of not less than seven years and fined.

Whoever commits the crimes mentioned in the preceding two paragraphs and commits other criminal acts, such as killing, injuring, raping, abducting and selling the transported person or killing or injuring the inspectors, shall be punished in accordance with the provisions on combined punishment for several crimes.