Standards for filing organized smuggling crimes

The criteria for filing the crime of organizing smuggling are: the ringleader of the group who organizes others to steal across the country (border); Organizing others to cross the country (border) for many times or organizing others to cross the country (border) with a large number of people; Causing serious injury or death to the organizer; Deprivation or restriction of the personal freedom of the organizer; Resisting inspection by violence or threat; The amount of illegal income is huge; There are other particularly serious circumstances. As long as the actor has one of the above circumstances, his public security organ can file a case. 1. If smuggling is illegal and the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law;

2. surrender can be given a lighter punishment. However, as long as they are criminally punished, they will leave a criminal record;

3. In the process of criminal case investigation, the organ or people's procuratorate takes temporary compulsory measures against the flagrante delicto or major suspect;

4. If the criminal suspect is finally punished by criminal punishment or administrative punishment after being detained in criminal detention, the corresponding criminal record shall be kept;

5. The conviction standard for the crime of smuggling is fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and a fine;

6. However, if it is an organized cross-border behavior, it may be suspected of organizing others to cross the border;

7. Whoever organizes others to cross the border illegally shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined.

can I get bail pending trial for organizing smuggling?

Organizing smuggling can be released on bail pending trial, as long as the following conditions are met: 1. Those who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment; 2, may be sentenced to more than fixed-term imprisonment, taking bail pending trial will not cause social danger; 3, the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.

I hope the above contents can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 318 of the Criminal Law of People's Republic of China (PRC) organizes others to illegally cross the country (border), and 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 a group that organizes others to sneak 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; (seven) there are other particularly serious circumstances. Whoever commits the crime mentioned in the preceding paragraph and commits such criminal acts as killing, injuring, raping, abducting and selling the organizer or killing or injuring the inspector shall be punished in accordance with the provisions on combined punishment for several crimes.