What counts as smuggling and the penalties it carries

Automatic summary, not yet reviewed

1. The law defines key concepts such as import, export, state-monopoly and prohibited goods, defense and dual-use material, and drug precursors.
2. Smuggling is a crime when someone imports or exports goods without customs clearance, trades in state-monopoly or prohibited goods, or takes Spanish historical heritage goods out of the country, among other cases, if the value is 3,000,000 pesetas or more. It is also a crime for drugs, weapons or organized activity, or for tobacco worth 1,000,000 pesetas or more, even at a lower value.
3. The crime is punished with a minor prison sentence and a fine of two to four times the value of the goods. Offenders are also civilly liable for the evaded customs and tax debt.
4. Every conviction carries forfeiture of the goods, instruments, transport means and profits of the crime, unless they belong to a good-faith third party. Seized goods can be sold before trial if the owner abandons them or if they lose value or are dangerous.
5. The same conduct is an administrative offense, not a crime, when the value is below 3,000,000 pesetas. It is punished with a fine of one to three times the value and, for tobacco, fines starting at 100,000 pesetas and possible closure of the business.
6. Both the offenses and their penalties expire after five years. Customs can inspect vehicles and packages in customs areas, authorize controlled deliveries for investigations and share information with other services, and the Tax Agency can keep confidential budget items to fight smuggling.

Who it affects

• People who import or export goods without customs clearance or without meeting legal requirements.: They may commit a crime or an administrative smuggling offense depending on the value of the goods.
• People who trade in tobacco, state-monopoly goods or prohibited goods.: They face fines and, in some cases, prison and closure of their businesses.
• People who take Spanish historical heritage goods or protected wildlife species out of the country.: They commit the crime of smuggling even if the destination is another European Union country.
• People who export defense or dual-use material without authorization.: They commit the crime of smuggling.
• Services that fight smuggling, such as the Customs Surveillance Service (Servicio de Vigilancia Aduanera).: They can carry out controlled deliveries, inspect in customs areas and share information with other services.

Words worth knowing

Géneros estancados (state-monopoly goods)

Products whose trade is a state monopoly, such as tobacco products.

Comiso (forfeiture)

The state keeps goods related to the crime.

Prisión menor (minor prison sentence)

The type of prison sentence set for this crime.

Material de doble uso (dual-use material)

Civilian products that can also be used for military purposes.

Precursores (precursors)

Substances used to make drugs.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries