1. How many years is the general sentence for smuggling?
1. The sentencing standards for the crime of smuggling are as follows:
(1) If the perpetrator is suspected of smuggling, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also be fined;
(2) If the perpetrator illegally crosses the border for the purpose of joining a terrorist organization, receiving terrorist training or carrying out terrorist activities, he shall be sentenced to fixed-term imprisonment of not less than one year but not more than three years and shall also be fined;
(3) If the actor illegally transports others across the border, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined.
2. Legal basis: Article 322nd of the Criminal Law of People's Republic of China (PRC).
Whoever commits the crime of crossing the border illegally and violates the laws and regulations on border control, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or control, and shall also be fined; Whoever steals across the country (border) for the purpose of joining a terrorist organization, receiving terrorist training 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.
Second, what is the subjective expression of the crime of crossing the border?
The subjective expression of the crime of crossing the border is intentional, and negligence cannot constitute the crime of crossing the border, that is, knowing that it is a border, it still insists on crossing the border. If the perpetrator does not know or know the national border, but goes astray or goes astray, it cannot constitute the crime of illegal border crossing. There are various motives for committing the crime of crossing the border, and different motives can be considered as punishment circumstances, but it does not affect the establishment of the crime.