Legal analysis: For smuggling, there are administrative penalties and criminal offenses depending on the specific circumstances.
Legal basis: "People's Republic of China, National Criminal Law
Article 263: Whoever robs public or private property by violence, coercion or other means shall be sentenced to not less than three years in prison Those who fall under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death, and shall also be fined or have their property confiscated:
(1) Whoever commits robbery by entering a house ;
(2) Robbery in public places or vehicles;
(3) Robbery of banks or other financial institutions;
( 4) Repeated robberies or robbery of huge amounts;
(5) Robbery causing serious injury or death;
(6) Robbery by pretending to be a soldier or policeman;
(7) Robbery with arms;
(7) Robbery with guns;
(8) Robbery of military supplies or emergency, disaster relief or relief supplies
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Article 264: Whoever steals public or private property in a relatively large amount, or commits multiple thefts, burglaries, thefts with weapons, or pickpocketing shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall also be sentenced to Or a fine alone; if the amount of theft is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount of theft is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment , and shall be fined or have property confiscated.
"Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft" Article 1: Theft of public or private property worth more than 1,000 yuan to 3,000 yuan. If the amount is more than 30,000 yuan to more than 100,000 yuan, more than 300,000 yuan, 000 yuan to more than 500,000 yuan, it shall be deemed as the "amount larger than the amount specified in the preceding paragraph" as stipulated in Article 264 of the Criminal Law. Within the range, the specific amount standards for implementation in the region should be determined and submitted to the Supreme People's Court and the Supreme People's Procuratorate for approval.
If theft occurs on public transport or transportation vehicles operating across regions and the location of the theft cannot be verified, whether the amount stolen is classified as "large amount", "huge amount" or "especially huge amount"? It shall be implemented in accordance with the relevant amount standards determined by the Higher People's Court and People's Procuratorate of the province, autonomous region, or municipality directly under the Central Government where the case is accepted.
Those who steal drugs and other contraband shall be treated as the crime of theft and sentenced according to the severity of the case.