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Criteria for filing the crime of smuggling
The criteria for filing the crime of smuggling are as follows:

1, organize others to steal across the country (border), should be placed on file for investigation;

2, organize others to steal across the country (border), in any of the following circumstances, it shall be established as a major case:

(l) Organizing 20 to 49 people to cross the country (border) at a time;

(2) Organizing others to cross the country (border) for 3 to 4 times;

(3) Causing serious injury to the organized person 1 to 2 people;

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

(5) resisting inspection by violence or threat;

(6) The illegal income is RMB50,000 to RMB200,000;

(7) There are other serious circumstances.

3, organize others to steal across the country (border), one of the following circumstances, it should be established as a particularly serious case:

(1) Organizing more than 50 people to cross the country (border) at a time;

(2) Organizing others to cross the country (border) for more than 5 times;

(3) Causing serious injuries to more than 3 people or death 1 person;

(4) the illegal income is more than 200,000 yuan;

(5) There are other particularly serious circumstances.

The specific sentencing standards for the crime of organizing to cross the country (border) are as follows:

Whoever commits this crime 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 the group that organized others to steal across the country (border);

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

(3) Causing serious injury or death to the organized person;

The so-called cause of serious injury or death of the organizer refers to the negligence of organizing others to cross the country (border) and causing serious injury or death of the organizer. If the organizer is intentional about the serious injury and death of the organizer, he should be convicted of intentional homicide or intentional injury, and be punished together with the crime of organizing others to steal across the country (border).

Legal basis: Article 318th of the Criminal Law of the People's Republic of China.

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 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.