The crime of smuggling refers to the crime of organizing personnel to steal across the border. The specific sentencing standards are as follows:
1. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and 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 the group who organized others to steal across the country (border);
(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;
2. The so-called cause of serious injury or death of the organizer refers to the negligent act of organizing others to steal across the country (border) and causing serious injury or death of the organizer. For the serious injury or death of the organizer, the organizer is intentional, and should be convicted of intentional homicide or intentional injury, and punished together with the crime of organizing others to sneak across the country (border).
First, the standards for filing the crime of smuggling are as follows:
1, organize others to cross the country (border), and file a case for investigation;
2, organize others to steal across the country (border), one of the following circumstances, it should be identified as a major case:
(1) Organizing 20 to 49 people to cross the country (border) at a time;
(2) Organizing others to cross the country (border) for 3 to 4 times;
(3) Causing 1 to 2 people to be seriously injured;
(4) depriving or restricting the personal freedom of the organizer;
(5) resisting inspection by violence or threat;
(six) the illegal income of fifty thousand yuan and two hundred thousand yuan;
(7) There are other serious circumstances.
3, organize others to steal across the country (border), one of the following circumstances, should be established as a particularly serious case:
(1) Organizing more than 50 people to cross the country (border) at one time;
(2) Organizing others to cross the country (border) for more than 5 times;
(3) Causing serious injuries to more than 3 people or 1 person's death;
(four) the illegal income of more than two hundred thousand yuan;
(five) there are other particularly serious circumstances.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 3 18 of the Criminal Code of People's Republic of China (PRC).
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.