1. How many years does a criminal suspect usually get for smuggling and fraud?
Whoever commits the crime of smuggling shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined. If the amount 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 is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
2. What constitutes smuggling?
Whoever organizes others to illegally cross the country (border) 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 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;
(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;
(7) Other particularly serious circumstances.
3. What are the constitutive requirements of a criminal suspect suspected of smuggling fraud?
1, object element
The object of the crime of smuggling is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights.
2. Main elements
The subject of the crime of smuggling fraud is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of smuggling fraud.
Suspects suspected of smuggling fraud will pose a great threat to China's good economic order and the property safety of others. At the same time, according to the seriousness of the case and the amount involved, determine how many years of imprisonment the criminal suspect will be sentenced to. If a party suspected of smuggling fraud refuses to accept the punishment result of the court, he may further apply for an appeal.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 322 of the Criminal Law of People's Republic of China (PRC).
Whoever, in violation of national (border) administrative laws and regulations, illegally crosses the national (border) territory, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, 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.