Stricter penalty for smuggling of cigarettes, spirits and beer

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 one year and six months of imprisonment. The convicted person, who is a Polish national, had as a courier imported 14 904 liters of beer, 5 088 liters of spirits and 300 000 cigarettes 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 approximately NOK 4.2 million. The case was heard together with two other cases on similar customs violations. The Supreme Court based itself on similar sentencing factors in these two cases, and found that a correct penalty would be imprisonment of two years and six months if the violation had been intentional. This was reduced by 30 percent as a result of the fact that the violation had been grossly negligent, and another 10 percent reduction was given for his confession.  

Read the whole judgment (Norwegian only)

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

Key paragraphs: 23, 24, 26, 27

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