Fines & criminal law

It could happen to anyone; despite believing that you submitted accurate declarations, it turns out this was not the case. The customs authority and the public prosecutor’s office have extensive powers to take decisive enforcement actions. They may impose an administrative penalty, issue a tax penalty order, or initiate criminal proceedings. But what are your rights and obligations in such situations? What actions should you consider if confronted with these enforcement measures?

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When importing goods, trading excise goods, issuing T-documents, or carrying out any other customs procedure, you must comply with all applicable laws and regulations. However, in practice, mistakes can happen quickly. For example, you might declare an incorrect commodity code, a pallet of wine may accidentally fall off a forklift, or your driver may break the truck’s seal too early.

All these incidents constitute breaches of customs laws and regulations and are classified as irregularities. Under customs law, such irregularities may be sanctioned either with an administrative fine (administrative law) or a fiscal penalty order (FSB) (criminal law).

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