What is a crime? What is the difference between a crime and an infraction? Knowledge of the law by citizens is a right that must be guaranteed for the full development of a democratic society. When we talk about conduct carried out by action or omission contrary to the legal order, what are we talking about?
Both crimes and infractions are illegal, since they involve conduct contrary to the established legal system.. In order not to go into an inappropriate length for the purpose of this note and for the sole purpose of a mere differentiation, Aduana News informs its readers that the difference lies in the fact that the crimes fall within the penal system and, as such, carry prison sentences. The infractions are within the administrative order and their penalties are not deprivation of liberty, but rather of a pecuniary nature; that is, fines.
In a recent session held at the Public Bar Association of the Federal Capital, topics related to customs offences were discussed, differentiating between crimes and infractions, examples being smuggling and inaccurate declaration.
Smuggling and its complexities
When analyzing the crime of smuggling in the legal field, one faces the problem that it has characteristics that substantially differentiate it from common criminal law, in addition to not being regulated in the Penal Code but in the Customs Code, as explained by Dr. Guillermo Vidal Albarracín. In addition, in the figure of smuggling there are certain procedural complexities that involve the same State but in two different areas such as Customs and the Judiciary in terms of their functions and powers derived from the judgment of the crime, such as determining who would be responsible for the delivery of the seized merchandise: "To Customs or to the Judiciary?" asked Vidal Albarraín to highlight the complexities of the analysis of smuggling, among other considerations noted.
On the income and expenditure of foreign currency
Are currencies only a means of payment or should they also be considered merchandise? This was another of the topics discussed at the event. In this regard, lawyer Juan Patricio Cotter Moine said that it is not only necessary to determine whether the goods are merchandise (which they are, as he explained), but also the quantity transported, in accordance with the current regulations regarding their entry and exit from the customs territory. The subjective element must also be taken into account; that is, whether the person who carries securities or currencies does so in an attitude of concealment, or perhaps due to ignorance of the regulations does not conceal it, but fails to declare it correctly; and determine accordingly whether a crime or an infraction is involved.
The specialists discussed these issues accompanied by doctors Riony Pablo Vedia and Páblo Garbarino at the conference "Customs Crimes and Violations", organized by the Public College of Lawyers of the Federal Capital within the framework of its academic activities in 2018.
Aduana News is the first Argentine customs newspaper to launch its digital version. With 20 years of experience, its publications and initiatives aim to provide the most relevant knowledge on customs issues in order to contribute to safe trade in the region.
