Abstract
Economic crime is a very complex criminological and legal category. The modern economic crime is characterized by a variety of manifestations. It tends to become increasingly better organized which, among other things, makes its detection, the collection of the evidence material and the criminal prosecution of the culprits much more difficult. In view of the importance as well as the comlexity of the economic crime subject-matter, this paper discusses smuggling and illegal trade. The research included a criminological analysis of the economic crime, a normative analysis of the criminal acts mentioned above, as well as an analysis of the presence of the adult persons being reported, charged with and convicted of the previously mentioned criminal acts in the total values for the group of criminal acts against economy and at the level of Serbia, for the year of 2019.
Highlights
It became clear a long time ago that social rules and norms are not always complied with
Article 236 of the Criminal Code defines the criminal act of Smuggling, in the following way: 1) „ Whoever deals with the conveyance of goods across a customs line avoiding the measures of customs supervision, or whoever, while avoiding customs supervision measures, conveys goods across a customs line armed, in a group or with the use of force or threats, shall be punished by imprisonment of six months to five years and a monetary fine
The data presented in the table leads to the conclusion that the share of individual criminal acts of Illegal Trade and Smuggling with respect to the criminal information filed, indictments brought and condemnatory judgements reached is extremely modest compared to the total number of the criminal information filed, indictments brought and condemnatory judgements reached for the group of criminal acts against economy, and to the overall values presented for the aforesaid categories at the level of Serbia
Summary
It became clear a long time ago that social rules and norms are not always complied with. Analyzing smuggling, Nicević and Ivanović (2012) point out that “Smuggling as a form of action of organized (transnational) criminal groups belongs in the field of Economic crime and consists in organized carriage of goods of domestic or foreign origin in and out across a state border, avoiding customs supervision measures. In literature, this form of criminality is termed “running”, “black market”, “contraband”, etc., and depending on the kind of goods, or the object of smuggling, we can distinguish between the following: the smuggling of weapons and ammunition, the smuggling of narcotics, the smuggling of cultural heritage, the smuggling of technology products, the smuggling of consumer goods, the smuggling of nuclear and other hazardous waste, the smuggling of precious metals etc.” The perpetrators of those criminal acts plan their criminal activities in detail based on previously screening the market, collecting important facts and verified vital information, and in realizing their activity apply up-to-date technological devices and corresponding scientific and technological achievements” (Bošković, 2005, p. 234)
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