24 abril, 2024

In Argentina, Law 22.415 corresponding to the Argentine Customs Code establishes in its Section XII the provisions of penalties, but what is meant by crimes and penalties? The crime or crime is defined as typical, unlawful, imputable, guilty conduct , subject to a penal sanction and sometimes to objective conditions of punishability. It is a violation of criminal law and penalties can also be considered as a penalty that results in the loss or restriction of personal rights, contemplated in the law and imposed by the court, through a process, to the individual responsible for the commission of a crime. As for these; they are regulated by Law 22,415.

Every agent of Customs, Dispatcher and Representative must comply with certain regulations to carry out a correct behavior within this scope. According to the Customs Code, acts or omissions that are repressed in this Title for transgressing the provisions of this code, such as contraband, culpable acts for adulterating documentation, concealment and attempt are considered crimes.

Regarding smuggling, the corresponding penalties are from two to eight years in which a person prevents or hinders, through deception, the exercise of the functions that the laws accord to the customs service on the control of imports and exports. For example:

  • can not be imported or exported at times not authorized by the customs service;
  • goods can not be diverted, or documents can not be adulterated before Customs control;
  • An import operation or a customs import or export destination can not be simulated before the customs service in order to obtain an economic benefit.
  • As for the penalties mentioned above, they are few compared to the sentences that are handed down from four to ten years in prison, such as:
  • three or more persons do not intervene in the capacity of author, instigator or accomplice;
  • a public official does not intervene in the act as an accomplice to the crime;
  • Do not intervene a police officer, be unaffected by force;
  • not commit physical or moral violence against these people.

With respect to the following penalties, three to twelve years will be imposed for those who import or export narcotic drugs at any stage of their elaboration.

These penalties will be increased by one third of the maximum and by half of the minimum when any of the circumstances set forth in the Customs Code occur.           With respect to the crime of the Smuggling Attempt, an attempt to smuggle is committed, which, in order to commit the crime of contraband, begins its execution, but does not consume it due to circumstances beyond its control. These will be repressed with the same penalties that correspond to the consummated crime. For example:

• can not enter different goods within the packages already declared;

• you can not change the brands of the packages, and create confusion for the customs agents;Regarding the crime of concealment of contraband, the one that does not have a promise prior to the crime of contraband after its execution. For example:

• You can not help a person to avoid investigations for contraband;

• the person who knows of the existence of a crime of contraband is obliged to denounce;

• You can not hide evidence, alter traces linked to a contraband, the contraband cover-up is repressed with imprisonment from six months to three years.

For all the above, it is perfectly clear that the importers and exporters, customs agents, attorneys, customs brokers, public officials are duly notified by this Law 22,415 certain criminal activities that can never be done since they are punished by this Code. It is necessary that everyone knows the rules to avoid these types of behavior and especially avoid jail.

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