CAN THE MEANS OF TRANSPORT USED FOR THE ILLEGAL TRANSPORTATION OF GOODS ACROSS THE CUSTOMS BORDER BE CONFISCATED?
Journal Title: Revista Institutului Național al Justiției - Year 2018, Vol 47, Issue 4
Abstract
In this article the author attempts to answer the question with which it begins: can the means of transport used for the illegal transportation of goods across the customs border be confiscated? In principle, confiscation should be considered an interference with property rights, because the person concerned is losing a part of his property. However, the right to property is not an absolute one. It may be subject to limitations. Therefore, an interference with the right to property must, first of all, be prescribed by law. At the same time, the law must be accessible and predictable. The interference must also pursue one or more legitimate purposes. Finally, there must be a reasonable proportionality between the used means and the pursued aim or aims. If these conditions are met, we cannot speak of a violation of the right in question. Thus, the first part of the article proves that the interference (confiscation of the means of transport) is prescribed by the law. In particular, the special confiscation of the means of transport may be ordered if it is proved that the offender has been involved in committing the misdemeanour/ offence and in the event that the means of transport is attested to serve to commit the misdemeanour / offence.
Authors and Affiliations
Gheorghe Renita
Keywords
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