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
SUMMARY

The study tries to highlight the specificity of the criminal laws of foreign states in the area of customs criminalization. The author discusses the criminal regulations in the laws of some Western European, Central European, Asian states, as well as in the legislation of some ex-Soviet states. The analysis carried out aims at: investigating the incriminating framework in the field of criminal... (see full summary)

 
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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)
2
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
1
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"
3
. 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.
3
Lacusta N. Elemente de drept penal comparat în materia infracţiunii de contrabandă, „Legea şi
Viaţa”, 2012, no.7, p. 26.

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