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New regulations on smuggling in 20021year
1, smuggled abroad and sent back to China, if it is not the organizer, it will not bear criminal responsibility.

However, according to the Law of the People's Republic of China on Public Security Administration Punishment, stowaways will be detained and fined. Law of the People's Republic of China on Public Security Administration Punishment

Article 61 Whoever assists in organizing or transporting others to cross the country (border) illegally shall be detained for not less than 10 days but not more than 15 days and fined not less than 1,000 yuan but not more than 5,000 yuan.

Article 62 Whoever provides conditions for people who illegally cross the country (border) shall be detained for not less than five days but not more than ten days, and shall be fined not less than 500 yuan but not more than 2,000 yuan.

Whoever illegally crosses the country (border) shall be detained for not more than five days or fined not more than five hundred yuan.

2. Whoever, in accordance with the provisions of the Criminal Law, 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. 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) depriving or restricting the personal freedom of the organized person.

(2) resisting inspection by violence or threat.

(three) the amount of illegal income is huge.

(4) The ringleader of a group that organizes others to cross the country (border) illegally.

(5) Organizing others to cross the border (frontier) for many times or organizing others to cross the border (frontier) with a large number of people.

(6) Causing serious injury or death to the organized person.

(seven) there are other particularly serious circumstances.

Legal basis:

Article 318 of the Criminal Law of the People's Republic of China stipulates that 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; 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 cross the country (border) illegally;

(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 organized person;

(4) depriving or restricting the personal freedom of the organized person.

(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 organized person, or killing or injuring the inspectors, shall be punished in accordance with the provisions on combined punishment for several crimes.