2. If the court requires the parties or their families to pay a fine, it does not necessarily mean that the court has ruled.
According to the release regulations, the crime of smuggling should be punished and fined at the same time. In judicial practice, if the court decides to apply probation to the defendant, it will ask the defendant to pay a fine before sentencing.
Of course, there may be another situation, that is, the judgment has come into effect, but the parties have not voluntarily paid the fine within the time stipulated in the judgment, then the court will make compulsory payment, and the court will notify the parties to pay the fine. If they don't pay, they will be enforced by the court.
criminal law
Article 33 Types of principal punishments The types of principal punishments are as follows:
(1) control;
(2) criminal detention;
(3) Fixed-term imprisonment;
(4) life imprisonment;
(5) the death penalty.
Article 34 Types of supplementary punishment The types of supplementary punishment are as follows:
(1) a fine;
(2) deprivation of political rights;
(3) confiscation of property.
Additional punishment can also be applied independently.
Article 153 Crime of Smuggling Ordinary Goods and Articles Whoever smuggles goods and articles other than those specified in Articles 151, 152 and 347 of this Law shall be punished in accordance with the following provisions according to the seriousness of the case:
(1) Whoever smuggles goods and articles and evades a relatively large amount of tax payable, or who is given administrative punishment twice for smuggling within one year and smuggles again, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the tax payable.
(2) Whoever smuggles goods and articles and evades the tax payable is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than one time but not more than five times the tax payable.
(3) Whoever smuggles goods or articles and evades the tax payable is especially huge or has other especially serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than one time but not more than five times the tax payable or confiscated of property.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten years.
Those who smuggle many times without treatment shall be punished according to the accumulated tax payable on smuggled goods and articles.
Article 154 Special Forms of Crime of Smuggling Ordinary Goods and Articles If the following smuggling acts constitute a crime in accordance with the provisions of this Section, they shall be convicted and punished in accordance with the provisions of Article 153 of this Law:
(1) Selling bonded goods such as raw materials, spare parts, finished products and equipment. (a) without the permission of the customs, failing to pay the tax payable, and being approved to be used for processing and assembly and compensation for trade imports, making profits in China;
(2) Selling goods and articles imported with specific duty reduction or exemption in China for profit without the permission of the customs and without paying the tax payable.