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Conviction and sentencing standards of smuggling crime
1. The criminal law does not stipulate the crime of smuggling, but stipulates the crime of crossing the border illegally: those who illegally cross the border in violation of border management regulations, if the circumstances are serious, 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 joining a terrorist organization, 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. 2. Organizing others to cross the country (border) constitutes the crime of organizing others to cross the country (border): whoever organizes others to cross the country (border) shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and 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 is punished for several crimes refers to the crime of murder, injury, rape and abduction. Organizers or those who commit crimes such as killing or injuring inspectors shall be punished in accordance with the provisions of combined punishment for several crimes.