Anyone who illegally crosses the national (border) border shall be punished as a public security penalty and shall be detained for not more than five days or fined not more than 500 yuan. However, those who illegally cross the national border (border) more than three times, are repeat offenders, etc., and are suspected of the crime of illegally crossing the national (border) border, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also be fined. According to the relevant laws and regulations of our country, anyone who violates national border management regulations and crosses the national (border) border illegally shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 1,000 yuan but not more than 5,000 yuan; if the circumstances are serious, he shall be sentenced to not more than one year. Fixed-term imprisonment, criminal detention or surveillance, and shall also be fined. Anyone caught smuggling shall be fined 5,000 yuan and detained for not less than 10 days but not more than 15 days.
What are the main differences between administrative detention and criminal detention
1. The legal nature is different. Criminal detention is a preservation measure in criminal proceedings and is not punitive in itself; Administrative detention is an administrative penalty imposed in accordance with administrative law and is punitive in itself.
2. The applicable objects are different. Criminal detention is applicable to current offenders or major suspects in criminal cases, who are about to be investigated for criminal responsibility; while administrative detention is applicable to those whose illegal acts should be carried out in accordance with the corresponding administrative laws. Subject to punishment, the illegal behavior of the parties does not yet constitute the object of a criminal offence.
3. The applicable purposes are different. The purpose of applying criminal detention is to ensure the smooth progress of criminal proceedings; while the purpose of applying administrative detention is to punish and educate general illegal acts.
4. The applicable agencies are different. Criminal detention is decided by the public security agency and the People's Procuratorate, and implemented by the public security agency; administrative detention is implemented by the public security agency.
5. The detention period is different: for general current offenders and major suspects, the maximum period of criminal detention is 14 days. For major suspects who commit crimes on the run, commit crimes multiple times, or commit crimes in groups, the maximum period of detention is 14 days. The duration is 37 days; while the maximum duration of administrative detention is 15 days.
6. The legal basis is different. Criminal detention is "Criminal Procedure Law of the People's Republic of China"; administrative detention is "Public Security Administration Punishment Law of the People's Republic of China" and "Public Security Administration Punishment Law of the People's Republic of China". and other administrative regulations.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis:
Article 61 of the "Public Security Administration Punishment Law of the People's Republic of China"
Assisting in organizing and transporting others to illegally cross the national (border) border , shall be detained for not less than ten days but not more than fifteen days, and shall also be fined not less than one thousand yuan but not more than five thousand yuan.
Article 62
Whoever provides conditions for people to illegally cross the national (border) border shall be detained for not less than five days but not more than ten days, and shall also be fined not less than 500 yuan but not more than 2,000 yuan. the following fines.
Anyone who crosses the national (border) border illegally shall be detained for not more than five days or fined not more than 500 yuan.