Contrabanda – afacere sau spargere?
Smuggling - business or theft?

Summary/Abstract: The offense of smuggling has been analyzed in Romanian doctrine and practice as a criminal offense related to the business criminal law. The title of this paper anticipates the general thesis that the reader is invited to take into consideration, namely that the offense of smuggling in its present form and taking into account the legislative, political and economic circumstances characterizing the customs field can be considered an offense that would rather belong to the state security and its prerogative to self-inform about the goods, lato sensu, which go in and out of its borders. Hence the question with which this paper begins: is smuggling undoubtedly an offense to be analyzed on the realm of business criminal law, or can it be seen from the perspective that by committing it there is a “breach” of the information quantum owned by the state?

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