Stricter penalty for smuggling of cigarettes, spirits and beer

Supreme Court judgment 29 June 2022, HR-2022-1301-A, (case no. 22-027759STR-HRET) criminal case, appeal against judgment. 

A (Counsel Marius Oscar Dietrichson) v. The Public Prosecution Authority (Counsel Ingrid Vormeland Salte)

The penalty for violation of section 16-1 cf. section 16-2 cf. section 3-1 subsections 1 and 2 cf. section 16-7 of the Customs Act was three years and three months of imprisonment. The convicted person, who is a Polish national, had as a courier imported 1 964 200 cigarettes, 9 598 liters of spirits and 648 liters of beer in a heavy goods vehicle across the Svinesund border. The load was packed in plastic on pallets, it was sealed and false freight documents were used. The evaded tax amount was estimated to nearly NOK 11.4 million. In the sentencing process, emphasis was placed on the fact that the activities were highly detrimental to society, on the magnitude of the confiscation was extensive with a large risk of spread as a consequence, and on the significant tax amount evaded. The smuggling was also professionally executed. The case was heard together with two other cases on illegal importation of large amounts or similar smuggling goods in order to clarify the penalty level for this type of customs violations.

Read the whole judgment (Norwegian only)

Areas of law: Criminal law. Section 16-7 of the Customs Act.

Key paragraphs: 19, 24, 25, 32, 38

Justices: Indreberg, Bergsjø, Ringnes, Østensen Berglund og Steinsvik