Is smuggling illegal or criminal?

The crime of smuggling refers to the act of illegally crossing the border in violation of border management regulations. If the circumstances are serious enough to constitute a crime according to law, he may be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance and fined. The state frontier inspection authorities severely cracked down on illegal border crossing. Citizens must go through formal procedures when entering or leaving the country, and must not cross the border illegally, otherwise they will bear legal responsibility.

Punishment for smuggling out of the country:

1. Smuggling out of the country is illegal, and it shall be detained for not more than five days or fined not more than five hundred yuan;

2. If the perpetrator sneaked into the country for more than three times, it constitutes the crime of smuggling into the country, and he shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or control, and shall also be fined. The crime of smuggling across the country refers to a serious act of crossing the border in violation of the entry and exit management regulations;

3. Those who illegally cross the border to participate in terrorist organizations and receive training in 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.

Conditions for filing the crime of illegal border crossing:

1, illegally crossing the country (border) for more than 3 times, and refusing to change after repeated education;

2, the implementation of illegal acts after crossing the country (border);

3. Using violence or threats against law enforcement personnel when illegally crossing the country (border);

4, causing major foreign-related events and adverse effects;

5. There are other serious circumstances.

Under any of the following circumstances, the crime of illegally crossing the border should be established as a major case:

1, crossing the country (border) to escape punishment;

2, smuggling, drug trafficking and other crimes for the purpose of crossing the country (border);

3. There are other particularly serious circumstances.

To sum up, smuggling is a crime. The crime of smuggling refers to the act of crossing the border in violation of border management regulations, which is serious and constitutes a crime according to law. According to the law, it can be sentenced to fixed-term imprisonment of not more than one year, criminal detention or control, and fined. The state frontier inspection authorities severely cracked down on illegal border crossing. Citizens must go through formal procedures when entering or leaving the country, and must not cross the border illegally, otherwise they will bear legal responsibility.

Legal basis:

Article 3 18 of the Criminal Code of People's Republic of China (PRC).

Crime of organizing others to steal across the country (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; 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 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 commits such criminal acts as killing, injuring, raping, abducting and selling the organizer or killing or injuring the inspector shall be punished in accordance with the provisions on combined punishment for several crimes.