First of all, "serious circumstances" means: (1) committing acts that harm national interests abroad; (2) illegally crossing the national (border) border more than three times; (3) instigating and inducing others to commit crimes with the Crossing the national (border) border illegally (4) colluding with overseas organizations or persons to cross the national (border) border illegally (5) participating in terrorist activities, receiving training for terrorist activities, and carrying out terrorist activities, shall be sentenced to 1 to 3 years in prison and shall also be fined . (5) Crossing the country (border) illegally again within one year after being administratively punished for illegally crossing the country (border); (6) Other serious circumstances.
Secondly, the behavior of "sneaking across the country (border)" refers to: (1) Entering and exiting the country (border) without entry and exit documents or evading border inspection; (2) Entering and exiting the country (border) with forged, altered, or invalid documents Entering and exiting the country (border) with an entry-exit document; (3) Entering or exiting the country (border) with a forged, altered, or invalid entry-exit document; (3) Using someone else’s entry-exit document to enter or exit the country (border); (4) Entering or exiting the country (border) with a forged, altered, or invalid entry-exit document; Entering or leaving the country (border) for false reasons, or entering or leaving the country (border) for false reasons, or entering or leaving the country (border) for false reasons (4) Using fraudulent entry and exit documents, entering or leaving the country for false reasons, concealing true identity, or impersonating others Identity documents, etc. (5) Use other methods to illegally enter and exit the country (border).
Finally, our country is relatively strict in cracking down on illegal border crossings. The legal provisions and judicial interpretations on this type of behavior are very complicated. It is recommended that capable parties entrust professional criminal lawyers to deal with.
Legal Basis
Article 322 of the "Criminal Law" The crime of illegally crossing the national (border) violates the national (border) management regulations and illegally crosses the national (border) , if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or surveillance, and shall also be fined; whoever crosses the national (border) border secretly to join a terrorist organization, receive training for terrorist activities, or carry out terrorist activities shall be sentenced to fixed-term imprisonment of not more than one year. , criminal detention or surveillance, and shall also be fined. Anyone who secretly crosses the national (border) border for the purpose of joining a terrorist organization, receiving training for terrorist activities, 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 321 of the "Criminal Law" stipulates that anyone who transports others across the national (border) border illegally shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance, and shall also be fined. ) The ships, vehicles or other means of transportation used do not have the necessary safety conditions, which is enough to cause serious consequences;
(3) The amount of illegal gains is huge;
(4) There are other particularly serious circumstances.
Whoever transports others illegally across the national (border) border causing serious injury or death to the person being transported, or who resists inspection by means of violence or threats shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.
Whoever commits the crimes in the first two paragraphs and also commits the crime of killing, injuring, raping or kidnapping the person being transported or the crime of killing or injuring the inspector shall be punished in accordance with the provisions of concurrent punishment for multiple crimes.