The following are punishable by three years’ imprisonment, confiscation of the object of fraud, confiscation of the means of transport, confiscation of objects used to conceal the fraud, confiscation of property used to commit the offence or intended to be used to commit the offence and of which the offender is the owner or, subject to the rights of the owner in good faith, of which he has free disposal, the confiscation of goods and assets that are the direct or indirect product of the offence and a fine of between one and two times the value of the object of fraud, any act of smuggling as well as any act of undeclared import or export when these offences relate to goods in the category of those prohibited within the meaning of this Code or to manufactured tobacco products.
The prison sentence is increased to a maximum of five years and the fine may be up to three times the value of the object of fraud when the acts of smuggling, importing or exporting concern dual-use goods, both civil and military, the movement of which is restricted by European regulations.
The prison sentence is increased to ten years and the fine may be up to ten times the value of the object of the fraud, either when the smuggling, import or export involves goods that are dangerous to public health, morals or safety, the list of which is set by order of the Minister responsible for customs, or when they are committed by an organised gang.