Smuggling Cases

Investigations and prosecutions under the Anti-Smuggling Law No. 5607 are among the types of dispute that can produce the most severe consequences, given both the risk of custodial sentences and the seizure-confiscation measures applicable to goods and vehicles. These cases require deep technical customs knowledge in addition to expertise in criminal procedure, since the basis of the charge is most often founded on declaration, valuation and document examinations.

Key Areas of Service

• Defence counsel at the investigation and prosecution stages of smuggling charges
• Preparation prior to statements and interrogation; objection to detention
• Objection to seizure orders on goods and vehicles; applications for release on security
• Planning the conditions and timing of effective remorse (active repentance) provisions
• Charges involving fuel, tobacco products and alcoholic beverage smuggling
• Transit and import smuggling allegations; cases connected with document forgery
• Co-ordinated defence across parallel administrative penalty proceedings (under Customs Law No. 4458)
• Complainant/intervening party (victim company) representation

The Intersection of Administrative and Criminal Proceedings

The same set of facts may give rise to both an administrative fine imposed by the customs authority and a criminal investigation by the public prosecutor. Statements given in the two proceedings must be consistent with each other; an admission in the administrative file may rebound as evidence against the party in the criminal file. For this reason, the defence strategy must be devised from the outset with both proceedings in view.

Our Approach

We analyse the technical customs dimension of the case (valuation, tariff classification, documentation) in detail, introduce favourable evidence into the file at the earliest stage of the investigation and file applications for the lifting of measures (seizure, detention) without missing any deadlines.