1. Smuggling is defined as imports or exports outside the offices as well as any violation of the legal or regulatory provisions relating to the holding and transport of goods within the customs territory.
2. The following, in particular, constitute smuggling:
a) Violation of articles 75, 76-2, 78-1, 81-1 and 83 ;
b) fraudulent payments or fraudulent loading carried out either in ports or on the coast, with the exception of fraudulent unloading as referred to in article 427, 1° below;
c) the removal or substitution during transport of goods dispatched under a suspensive procedure, failure without legitimate reason to comply with set itineraries and timetables, manoeuvres whose purpose or result is to alter or render ineffective the means of sealing, security or identification and, in general, any customs fraud relating to the transport of goods dispatched under a suspensive procedure;
d) the violation of provisions, either legislative or regulatory, prohibiting export or re-export or making export or re-export conditional upon the payment of duties or taxes or the completion of specific formalities when the fraud has been committed or attempted outside the offices and is not specifically punishable by another provision of this Code.
3. Undeclared imports or exports are treated as acts of smuggling when goods passing through a customs office are hidden from inspection by the customs service by concealment in specially prepared hiding places or in cavities or empty spaces not normally intended for the accommodation of goods.