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"
. 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