Popularize law for all | What is smuggling? What is its harm?

# What is smuggling?

Smuggling refers to crossing the country (border) illegally, which means that a natural person violates the laws and regulations governing the entry and exit of the country (border) and does not pass through the designated port or pass the border inspection, or does not have exit permission or entry permission when crossing the national border or passing the legal imaginary national border.

It is illegal to cross the border illegally, and it can be investigated for administrative responsibility or criminal responsibility.

Harm of smuggling

For a country, smuggling affects the normal personnel exchanges between countries, disturbs border management and security, and then brings hidden dangers to the whole national security. For individuals, it violates the border management regulations, increases the risk factor, and their personal safety cannot be guaranteed.

Provisions of the Entry-Exit Law

Article 11 China citizens leaving or entering the country shall submit their passports, other travel documents and other exit and entry certificates to the entry-exit frontier inspection authorities, and go through the prescribed procedures before leaving or entering the country. At qualified ports, the entry-exit frontier inspection authorities shall provide special passages and other convenient measures for China citizens to leave and enter the country.

Article 24 Aliens entering the country shall submit their passports or other international travel documents, visas or other entry permits to the entry-exit frontier inspection authorities, and shall go through the prescribed procedures before entering the country.

Seventy-first one of the following acts, a fine of one thousand yuan and five thousand yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined between two thousand yuan and ten thousand yuan:

(1) Leaving or entering the country with forged, altered or fraudulent exit and entry certificates;

(2) Leaving or entering the country by fraudulently using other people’s exit and entry certificates;

(3) evading exit and entry frontier inspection;

(4) Illegally leaving or entering the country by other means.

Criminal law provisions

The crime of crossing the border illegally refers to the serious act of crossing the border illegally in violation of the laws and regulations on the administration of the border. Smuggling is mainly manifested in not entering or leaving the country (border) at the prescribed places such as entry and exit ports and border posts, or using forged entry and exit documents to enter or leave the country (border) at the prescribed places. The actors can be both China citizens and foreign citizens.

Article 322 of the Criminal Law of People’s Republic of China (PRC) stipulates that the crime of crossing the border illegally means that those who violate the laws and regulations governing the border illegally cross the border, 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 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.

Note: Some materials are from Shuifu police.

Original title: "Popularizing law among the whole people | What is smuggling? What is its harm? 》

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