Comparative analysis in the field of customs offenses and criminal regulations in certain states in relation to the legislation of the Republic of Moldova

• Author: Aurel Octavian Pasat
• Position: Bogdan Petriceicu Hasdeu State University, Cahul, Republic of Moldova
• Pages: 101-117

Comparative analysis in the field of customs offenses and criminal

regulations in certain states in relation to the legislation

of the Republic of Moldova

Lecturer Aurel Octavian PASAT

1

Abstract

The study tries to highlight the specificity of the criminal laws of foreign states in

the area of customs crimina lization. The author discusses the criminal regulations in the

laws of some Western European, Central European, Asian states, as well a s in the

legislation of some ex-Soviet states. The analysis ca rried out aims at: investigating the

incriminating framework in the field of criminal offenses in the criminal law of some

foreign states; determining the similarities and differences between crimin al laws under

analysis; identifying th e legal problems by comparing the incriminating framework

registered in the Criminal Code of the Republic of Moldo va with those included in the

criminal laws analyzed; taking good practice. Different resea rch methods were used in the

study, including: analysis, synthesis, deduction, induction. However, the most used method

was co mparative considering the specifics of the subject under investigation. In order to

intensify the fight against the phenomenon of crime in the customs sphere, some proposals

have been advanced to im prove the legal framework of incrimination. All this is a

consequence of taking good practices from the comparative analysis of criminal

regulations in the field of customs offenses.

Keywords: customs offence, criminal provisions in criminal laws of foreign states,

smuggling, evasion of customs payments.

JEL Classification: K14, K42.

1. Introductory aspects of the comparative law study on customs

offenses

The major problem identified is the removal of the legislative loopholes

allowed by the legislator to adopt the norms of the Special Part of the Criminal

Code of the Republic of Moldova (hereinafter referred to as CC of the RM)

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aimed

at criminalizing the acts in the customs sphere by confronting the current legal

framework with the similar legislative models of some states foreign.

Studying the experience of foreign states in legislative matters, including

criminal law, allows the national legislator to focus his attention on improving the

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Aurel Octavian Pasat – „Bogdan Petriceicu Hasdeu State University”, Cahul, Republic o f Moldova;

Customs Inspector, Galati-Giurgiulesti Customs Office, octavian_passat@yahoo.com.

2

The Criminal Code of the Republic of Mo ldova, adopted by the Parliament of the Republic of

Moldova on 18.04.2002. Official Gazette of the Republic of Moldova, 2002, n r. 128-129,

republished in the Official Gazette of the Republic of Moldova, 2009, no.72-74.

102 Volume 7, Issue 1, June 2017 Juridical Tribune

existing regulatory framework, which is necessary to develop the ideas of

reforming the legal system. Legislation of foreign states, especially Western

European states, is today a landmark of the primary importance of reforming

concepts in the national legislative system. In the criminal law theory, it is noted:

"In several countries of the world smuggling offenses are recognized as some of

the most dangerous types of criminal activity. Like crime in general, smuggling

offenses will obviously exist as long as there are state frontiers. Even in developed

countries like the United States of America, Germany, Great Britain, France there

is smuggling. In these countries, there is no question of the total eradication of

these types of crimes. The efforts of the criminal prosecution bodies are focused

only on reducing the level of smuggling to the controlled limits"

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. We do not

question the existence of such a phenomenon even in advanced economies. In the

field of comparative law, there is a particular concern not of the phenomenology of

crime in the customs sphere, but of the existing regulations in this field. Knowing

the legal experience of some foreign states could determine their appropriation by

the Moldovan legislator in order to streamline the process of preventing and

combating crimes in general and customs offenses in particular. It is precisely from

these reasoning that a comparative analysis of the criminal regulations in the field

of customs criminalization is required.

The present scientific approach is highlighted by the fact that it contains a

comprehensive analysis of the legal provisions in the criminal law of several

foreign states in the field of customs crimes, among which the European and Asian

ones. The study contains an analysis of the latest criminal regulations.

Different research methods were used in the study, including: analysis,

synthesis, deduction, induction. However, the most used method was comparative.

In this context, the comparative analysis is subject to the criminal regulations of

some sixteen states in the field of customs offenses.

The scientific material is structured into five sections: 1. Introductory

aspects of the comparative law study on customs offenses; 2. Comparative analysis

of criminal law in the field of customs offenses in accordance with the laws of the

former Soviet Union states; 3. Comparative law study on customs offenses

according to the laws of some Western European and Central European countries;

4. Comparative law study of incriminations in the customs sphere under the laws of

Asian States; 5. General conclusions.

In order to intensify the fight against the phenomenon of crime in the

customs sphere, some proposals have been advanced to improve the legal

framework of incrimination. All this is a consequence of taking good practices

from the comparative analysis of criminal regulations in the field of customs

offenses.

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Lacusta N. Elemente de drept penal comparat în materia infracţiunii de contrabandă, „Legea şi

Viaţa”, 2012, no.7, p. 26.