The details are as follows:
1, the so-called detention is an administrative measure implemented by the public security or border defense departments in order to further find out the facts;
2, the legal detention review, generally not more than thirty days, special circumstances, approved, the longest not more than sixty days;
2. Whoever smuggles abroad and is sent back to China, if he is not the organizer, does not bear criminal responsibility, and organizes others to sneak across the country (border) in accordance with the relevant provisions of the law, shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined.
The sentencing standards for the crime of crossing the border illegally are as follows:
1, who commits the crime of illegally crossing the country (border) shall generally be sentenced to fixed-term imprisonment of not more than one year, criminal detention or control, and shall also be fined;
2. If the perpetrator illegally crosses the country (border) for the purpose of participating in terrorist organizations, receiving terrorist training or carrying out terrorist activities, he shall be sentenced to fixed-term imprisonment of not less than one year but not more than three years and fined.
Criteria for the determination of crossing the border illegally:
1, entering or leaving the country (border) without entry and exit documents or evading border inspection;
2. Entering or leaving the country (border) by using forged, altered or invalid entry and exit documents;
3, the use of other people's entry and exit documents in and out of the country (border);
4. Entering or leaving the country (border) by using entry and exit documents obtained by means of false entry and exit reasons, concealing real identity or fraudulently using other people's identity documents;
5. Illegally entering or leaving the country (border) by other means.
To sum up, if citizens want to leave the country, they need to apply for passports and other documents. For those who do not meet the requirements, they are not allowed to cross the border without authorization, otherwise they may be identified as crimes. If the violator is found, he may be arrested.
Legal basis:
Article 322 of the Criminal Law of the People's Republic of China
The crime of crossing the border illegally violates the laws and regulations on the administration of the border, and if the circumstances are serious, he 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 shall also be fined.
Article 91 of the Criminal Procedure Law of the People's Republic of China
If the public security organ deems it necessary to arrest a detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the time for submitting for examination and approval may be extended by one to four days.
For major suspects who commit crimes on the run, commit crimes repeatedly or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.
The people's procuratorate shall, within seven days after receiving the letter of approval from the public security organ, make a decision on whether to approve the arrest or not. If the people's procuratorate does not approve the arrest, the public security organ shall release it immediately after receiving the notice and notify the people's procuratorate of the implementation in time. For those who need to continue the investigation and meet the conditions of obtaining a bail pending trial or residential surveillance, they shall be released on bail pending trial or residential surveillance according to law.