A few considerations regarding the criminal offence of smuggling

• Author: Nicolae Iancu - Gheorghe - Viorel Nemes
• Position: Candidate to Ph.D Lecturer. Police Chief Inspector. Sector Chief - Frontier Police of Bors AGORA University, Faculty of Law and Economics - Police Chief Inspector. Director of the Frontier Police Board of Oradea
• Pages: 85-89

85

A FEW CONSIDERATIONS REGARDING THE CRIMINAL

OFFENCE OF SMUGGLING

Candidate to Ph.D Lecturer Police Chief Inspector Nicolaie Iancu

Sector Chief – Frontier Police of Borş

AGORA University, Faculty of Law and Economics

ianico_laie@yahoo.com

Police Chief Inspector Gheorghe – Viorel Nemeş

Director of the Frontier Police Board of

Oradea

Abstract:

Smuggling is a fraud which affects gravely the social relations in the field of

the customs system or which is of interest for this system.

In this article we are presenting particularities of this phenomenon at the

Western border of Romania, namely: illicit cigarette traffic, counterfeit goods

traffic, illegal traffic in stolen cars and equipments, illegal traffic of arms,

ammunition and prohibited substances, illegal drug traffic.

Among the causes, conditions and circumstances that determined,

encouraged or facilitated the committing of the criminal offence of smuggling, we

may mention the following: the existing geopolitical situation in this part of

Europe; the existence of limitations regarding the import or export of certain

goods; the existence of measures of protection of the national economy, established

by instituting customs duties, excise duties; the intensification of the traffic of

goods and travelers; the existence of different prices or qualities for the same

products.

Key words: smuggling, statistic data, Romania’s Western border.

I. General considerations. Smuggling is the guilty violation of the law with a

view to eluding the customs duties imposed when passing goods over the frontiers,

the prohibitions and the import-export commercial quotas. Authors of the specialty

literature have noticed that the existence of smuggling presupposes as a premise a

judicial customs system.

Smuggling is a fraud which affects gravely the social relations in the field of

the customs system or which is of interest for this system. It is a crime committed

in bad faith in order to mislead the customs authorities about the situation of certain

goods, generating insecurity and disorder in the sphere of passing goods over the

border, in a word it creates social danger147.

The judicial customs system represents all the provisions included in the

Customs Code, in its Enforcement Regulation, as well as in other internal and

147 C. Voicu, Business Criminal Law, Rosetti Publishing House, Bucharest, 2002, pp. 200-201.