The punishment provisions for the crime of illegally crossing the country (border) are: if the circumstances are serious, they 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 participating in terrorist organizations, 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 fined.

I. Provisions on the conviction of the crime of smuggling in 2023:

The conviction standard of the crime of smuggling is fixed-term imprisonment of not more than one year, criminal detention or control, and a fine. However, if it is only an individual's simple smuggling behavior, the behavior is not suspected of a criminal offence, but only a violation of public security. However, if it is organized to steal across the border, it may be suspected of organizing others to steal across the border. Whoever organizes others to cross the country (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;

2. How many days did you detain for the first time?

Smuggling for the first time does not constitute a crime, and the perpetrator will be detained for up to five days or fined up to 500 yuan. If it constitutes a crime, the criminal detention of the perpetrator shall not exceed 37 days at the longest, and he may be sentenced to fixed-term imprisonment of not more than one year, criminal detention or control by the perpetrator and fined.

To sum up, if the circumstances of the crime of crossing the border illegally are serious, they shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall be punished. Those who join terrorist organizations, receive terrorist training or carry out terrorist activities and cross the country (border) illegally shall be sentenced to fixed-term imprisonment of not less than one year but not more than three years, and shall also be fined.

Legal basis:

Article 322 of the Criminal Law of the People's Republic of China

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 participating in terrorist organizations, 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.