Legal analysis: it needs to be determined according to the circumstances of the crime. If the person involved has been detained in criminal detention, close relatives should consult a lawyer in person as soon as possible, and the lawyer will meet the person involved by entrustment. After understanding the case, go to the investigation organ and the procuratorial organ to read the papers, master the evidence held by the investigation organ and understand the prosecution opinions of the procuratorial organ. The punishment of criminal suspects needs to be estimated according to the conclusions after meeting, marking papers and communicating with case handlers. After a comprehensive understanding of the case, determine the direction of defense, choose innocence or misdemeanor defense, so as to get the suspect out of punishment or get a lighter or mitigated punishment. Smuggling twice will not be sentenced, but it will be fined. Whoever illegally crosses the border in violation of the laws and regulations on the administration of the border (frontier), 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. Serious circumstances refer to: organizing others to cross the country (border) many times or organizing others to cross the country (border) with a large number of people. Among them, multiple smuggling refers to smuggling more than three times.

Legal basis: Article 67 of the Criminal Law of People's Republic of China (PRC) stipulates: "Whoever voluntarily surrenders after committing a crime and truthfully confesses his crime is a voluntary surrender." This legally stipulates two elements of general surrender: "surrender" and "truthfully confess one's crimes". Among them, "surrender" is the primary condition for the establishment of surrender. "Before being brought to justice" is the time limit for surrender. Surrender is usually carried out before the judicial organs discover the facts of the crime, or before the judicial organs discover the facts of the crime, but no criminals have been found; Or the criminal facts and criminals have been discovered, but the judicial organs have not questioned them or taken compulsory measures. Generally, there are the following situations: (1) Surrender yourself without finding the criminal facts and suspects; (2) If the facts of the crime have been discovered, but the criminal suspect has not been identified, he shall surrender himself; (three) the facts of the crime have not been discovered by the judicial organs, but only because of suspicious behavior, the relevant organizations have asked for education and voluntarily surrendered; (4) surrendering before the facts of the crime and the criminals have been discovered and the judicial organs have not interrogated the criminals or taken compulsory measures; (5) A criminal escapes after committing a crime and voluntarily surrenders himself in the process of being wanted and pursued; (6) If a criminal is really ready to surrender, or is on the way to surrender and is caught by the public security organ, it shall be deemed as surrender. (7) In practice, people who "send their children or relatives to justice" are generally not criminals, but are persuaded and accompanied by their parents and relatives to surrender, which is also regarded as surrender. (8) Criminal suspects, defendants and criminals serving sentences who have been subjected to compulsory measures truthfully confess other crimes that have not been mastered by judicial organs.