Il ruolo dell'organizzazione criminale nel contrasto al traffico illecito di tabacchi lavorati esteri

Abstract

the paper intends to analyze the features of the Italian criminal law on cigarette smuggling. The domestic system faces the illicit tobacco trade in a very peculiar way, especially if compared with the criminal law of other European countries (e.g. Germany, Greece, Portugal and Spain). The Italian strict regulation (artt. 291 bis, ter, quarter T.U.D.) could appear also unreasonable if set side by side with the domestic legislation on smuggling of goods. Indeed, the latter is characterized by a large use of administrative sanctions instead of the severe criminal penalties related to the cigarette smuggling. The paper aims at demonstrating that the domestic firm method is based on the will to obstruct the powerful criminal organizations, and it wants to underline the issues related to this peculiar approach. The above mentioned need shapes all the criminal provisions related to cigarette smuggling and it could entail relevant and collateral effects on the side of the citizens rights.