Smuggling Lawyer

Smuggling lawyer

A smuggling lawyer is a legal professional who deals with cases related to the illegal movement of goods across a border, that is, smuggling. Smuggling covers a wide range of illegal activities, such as importing or exporting goods without proper customs clearance, evading customs duties, moving prohibited goods (weapons, drugs, cultural property, etc.) and other similar violations.

The main functions of a smuggling lawyer:

Consultations and legal assistance:

• Advising clients on customs legislation and possible risks associated with moving goods across the border.
• Clarification of the rights and obligations of clients in case of suspicion or accusation of smuggling.

Protection of clients' interests in court:

• Preparation for court proceedings, drawing up the necessary procedural documents.
• Protection of clients' interests during court hearings, representation of their interests in courts of various instances.

Appealing decisions and actions of customs authorities:

• Preparation and filing of complaints against decisions or actions of customs authorities, which the client considers to be illegal.
• Representation of clients' interests during consideration of such complaints.

Conducting own investigation:

• Gathering evidence, interviewing witnesses, analyzing documents that can be used to protect the client's interests.
• Interaction with experts and specialists in the field of customs law and forensics.

Preparation for customs inspections and audits - providing assistance in the preparation of documents and conducting internal audits to identify and eliminate possible violations of customs legislation.

Prevention of violations - development of recommendations and measures to minimize the risks of violation of customs legislation, training of company personnel in the rules and procedures of customs control.

A smuggling lawyer must have a deep knowledge of customs law, international law, as well as criminal law, as smuggling is often treated as a criminal offence.

What articles of the criminal code fall under the concept of smuggling

In the Criminal Code of Ukraine, the concept of "smuggling" is covered by several articles that refer to the illegal movement of goods across the state border. The main articles falling under the concept of contraband are:

Article 201. Contraband:

• Part 1: Movement across the customs border of Ukraine outside of customs control or with concealment from customs control of cultural values, poisonous, potent, radioactive or explosive substances, weapons and ammunition (except smoothbore hunting weapons and ammunition for them), as well as strategic materials and technologies, subject to state export control.
• Part 2: Movement across the customs border of Ukraine with concealment from customs control of narcotic drugs, psychotropic substances, their analogues or precursors.

Article 201-1. Smuggling of excise goods - Illegal movement across the customs border of Ukraine of excise goods, in particular alcoholic beverages and tobacco products, outside customs control or with concealment from customs control.

Article 305. Smuggling of narcotic drugs, psychotropic substances, their analogues or precursors - Illegal movement across the customs border of Ukraine of narcotic drugs, psychotropic substances, their analogues or precursors.

Article 333. Illegal movement of historical and cultural values ​​across the customs border of Ukraine - Illegal export outside of Ukraine or import into Ukraine of cultural values ​​that are antiques or those that have historical, scientific, artistic or other cultural value.

Article 334. Illegal movement across the customs border of Ukraine of special technical means of covertly obtaining information - Illegal export or import of special technical means of covertly obtaining information.

Article 206-2. Smuggling of timber - Illegal movement of timber across the customs border of Ukraine.

In addition to these articles, other articles of the Criminal Code of Ukraine may be applied, depending on the specific circumstances of the case, for example, articles on falsification of documents, forgery or use of forged documents, as well as articles related to the organization of criminal activity.

What services does a smuggling lawyer provide?

A smuggling lawyer provides a wide range of services aimed at protecting the rights and interests of clients, suspects or accused of smuggling. The main services of such a lawyer include:

Consultations and legal assistance:

• Providing advice on customs and criminal legislation.
• Assessment of legal risks and consequences of the client's actions.
• Clarification of the client's rights and obligations.

Protection during the pre-trial investigation:

• Representation of the client's interests during interrogations, searches, seizures and other investigative actions.
• Preparation and submission of petitions, complaints and other procedural documents.
• Ensuring compliance with the client's rights during investigative actions.

Legal protection:

• Preparation and submission of documents for court proceedings (objections, appeals, cassation).
• Representation of the client's interests in courts of various instances.
• Participation in court hearings, client defense against accusations, providing evidence, questioning witnesses, etc.

Appealing decisions and actions of customs authorities:

• Preparation and filing of complaints against decisions or actions of customs authorities.
• Representation of the client's interests in case of administrative disputes with customs authorities.

Conducting own investigation:

• Gathering evidence, conducting examinations, interviewing witnesses to protect the client's interests.
• Analysis and preparation of evidence base for legal defense.

Legal support of customs inspections:

• Consultations on preparation for customs inspections.
• Support during inspections, ensuring legality of actions of customs authorities.

Crime prevention:

• Providing recommendations on compliance with customs legislation.
• Development of internal policies and procedures to minimize the risks of violation of customs regulations.

Restoration of client rights:

• Taking measures to return illegally seized goods.
• Preparation of claims for compensation for damages caused by illegal actions of customs or law enforcement authorities.

A lawyer on smuggling has deep knowledge in the field of customs and criminal law, which allows him to effectively protect the interests of clients and provide quality legal services.