Introduction

The illegal import of tobacco and cigarettes cost the UK billions every year in taxes, but it is not below a certain threshold, a criminal offense. This article examines the motives of the policy of the leaders of the illegal import of tobacco and cigarettes in civil matters with the question of whether should the illegal import of tobacco and cigarettes be punishable? The accession to the EU, to determine that the British no sovereign rights, what is or is not, has an acceptable layout. A good starting point is therefore a fundamental review of what the law says in relation to the importation of cigarettes by focusing on guidelines that are current today.

What is clear from this concern is the fact that the guidelines are just that, there are no rigid rules about the height. However, there is a mechanism to import people from excessive amounts, prevent in order to obtain a commercial advantage. The main points of that article on the current method of distinguishing what cigarettes are for personal use to focus and what are cigarettes for commercial purposes. Finally, the question is raised of whether the classification of the imported cigarettes and tobacco concentrate too low for commercial purposes must be a criminal act, and therefore used to install regard to the English legal system to pay.

The current legislation on the import of cigarettes and tobacco UK

If the United Kingdom has decided to join the European Economic Community (EU), there were certain rights and obligations that every citizen who happened remained in the United Kingdom. As part of a series of rights, free movement of goods should be guaranteed. This has bought goods in a Member State led, paid the excise tax on goods has, the limits to Member States without additional charges will be made to cross it. This provision should harmonize the taxes levied on the products in the different Member States. This initiative has not materialized on tobacco products.

The UK tobacco tax rates are significantly higher than in most other European (TMA represents the average price of 20 cigarettes on the continent to about 2.40 pounds) and other parts of the world. This led to many smokers in the UK led, goes to the European continent and their cigarettes to buy there. In addition, increased traffic to commercial, real estate can be significant. Article 9 of Directive 92/12/EEC lays down guidelines for national governments to the amounts as non-commercial quantities. The government guidance immediately that only 800 cigarettes and 1 kilo of tobacco may be imported according to these guidelines in the United Kingdom, explained issued.

There was a wave of protests from various sources, with high officials of the EU, arguing that the United Kingdom to deny the spirit of the European Union by its citizens that do not cooperate with the rights “they had agreed to pay when the contract was signed. In October 2001, Internal Market Commissioner Frits Bolkestein has launched a campaign called: “The Commission is concerned that the current controls in the UK ports and airports used, and the sanctions will be applied when the excise tax has failed in the United Kingdom, may against EU rules which give passengers the right to buy abroad. ”

The United Kingdom has revised its policy after a number of cases, to as high as the Court of Appeal. The guidelines now that cigarettes come now for 3200 and 3 kilos of tobacco. Customs and Excise officials have maintained to provide the power in question, when people believed that cigarettes and tobacco were purchased commercially. The problem remains, however, to distinguish what cigarettes are for personal use, and what are cigarettes for commercial purposes.

The methods used to distinguish the cigarettes for personal use and those purchased commercially

The EU has guidelines for what it considers to be determined in accordance with reasonable amounts for personal consumption, in contrast to the volume of trade. A traveler from amounts to the guidelines could be allowed through, if they can prove it is for personal use, for example at a wedding celebration. The amounts below the guidelines could result in enforcement action, if for example one and the same person were to come through several times to build up a week in an attempt to trade stocks. It has been argued that the customs authorities of the United Kingdom could be to the rules are too hard.

It was reported that, 80% of the smuggled cigarettes in containers, and walk the detection rate of tobacco on foot or by car is approximately 3% of the remaining 20%. The goal is 10%, which spent all the money and means, irritation, only 2% of the tobacco be detected visible. Why the government is fighting against consumers with relatively small amounts? If Customs believe that people who carry these small quantities of these products are delivered to a business enterprise, eliminating the need, but if that is a crime.

The crime of smuggling tobacco

To understand the motivation for the classification of tobacco smuggling is not a criminal activity, we must first understand some basic principles on the English legal system. In civil matters he has to a judge or jury on a balance of probabilities to convince. This system allows a lower standard of proof. If the judge or the jury is not satisfied on the balance of probabilities, the evidence presented, while tobacco is not for commercial purposes, it may be decided in favor of customs administration. In criminal law the standard of proof beyond reasonable doubt. The duty to prove, therefore, that the tobacco was used for commercial purposes, and to produce more evidence to prove this allegation.

There is also a much more cynical politics behind this classification. It will not be granted legal aid if fighting a person an order to confiscate his assets. The crown, however, a lawyer and consultant for the hearing to be used. This goes to the heart of any notion of a statutory right to a fair trial under Article 6 of the European Convention of Human Rights. The prosecution asserts that the presentation be requested by any person, but if the use of so low, and the legal costs outweigh the actual cost of the goods were seized, one might wonder productivity to pursue this approach. Customs and Excise get the best of both worlds, can adopt the policy of maintaining this Act in civil to your guilt on the balance of probabilities, but the rates they are worse than criminals by the criminal justice system. No wonder that the British legal system is discredited.

Completion

There is no denying that the procedure employed by aggressive customs and excise, saving the government millions if not billions of tax. The question remains whether it is legal to do. The Court confirmed that those who bring large quantities of alcohol and tobacco to accept must be a demonstration, a satisfactory explanation, the omission of lead Customs to the conclusion that they kept not for his own use, but also provide for trading, but this reversal of the burden of proof for a perverse way. Those who have a state of things to prove a claim of proof that they do not argue the reverse.

The policy of contempt for the definition of this action claim that civil society has not only perverse, as he is malicious, it originated in customs and tax administration that are normally associated with the ambulance and the police now regarded with open contempt. More seriously, many people now feel too intimidated to travel freely. He recalls the People’s Republic of East Germany. The only way to restore the credibility of the English legal system is, for this particular measure to be classified as criminals, making all the guarantees granted to the society in the process.