Unpaid fine in Spain, please help

spielbergo74

Hi there wondering if anyone can help.

I made the big mistake of smuggling 600 pouches of tobacco in 2008 in which I got caught at Girona Airport when coming back to Britain. They seized the tobacco and let me go with a big telling off. A few months later, I got an official letter telling me the case was taken to a tribunal and I have to pay a fine of 6000euros. I did not pay the fine because it was too much and no one told me the case was going to be taken to court. I have not been to Spain since in fear of being arrested. Can someone tell me, if I will still be wanted in Spain for this and whether my passport will still be marked for the offence, I was told either to pay the fine or not go back to Spain for 5 years by a solicitor online but not sure how true this is. I would like to go the Tenerife this year but I dont want to go if I will still get into trouble for this. Can anyone help. Thanks

rustyboy21

Good Luck mate. Cant see a definitive answer. It seems to be up to each regional area, what they do. It sounds like it was a court based fine, so you may not have any timeline at all, it may run indefinitely. Copied off a website and written by one of the top legal eagles in Spain.


In Spain the statute of limitations depends on the applicable law to the case.If Spanish law governs the contract, we must distinguish between statute of limitatoins and statute of expiration. The periods enacted, as well as the choice between limitation and expiration, are arbitrary and represent what the legislature deems a sufficient period in a particular kind of case. Additionaly, Spain is divided into 17 autonomous comunities, all of them with their own parliament, and there is internal law enacted by regional parliaments in which the regulation, as well as some of the terms above mentioned, change. Therefore, in some cases, in addition to the difficulties in determining the law governing the substantive case and the procedure, it is also complicated to set the statute of limitations or expiration, and the reckoning.

I would go to Turkey instead ! or pay your fine !

System

Criminal law is standard throughout Spain and is controlled by Madrid. If the customs people in Spain have your name on their list then they might get you.

I don't believe statutes of limitations apply to court awarded fines/punishments

Mr_Wang

I owed a few hundred US dollars from missing Tolls in Florida a few years back. I have never been pulled up for it and have been back plenty of times. But I think the difference is that the hire company takes the fall and then tries to claim.

A couple of years back we bailed Bali with medical bills to pay (they ripped us off) and Ive been back since without a problem. The issue again is that this is civil.

I honestly believe that if you rock up at Spain nothing will happen to you, but if you get stopped by the police whilst in Spain you may get rumbled.

I really wouldn't worry about it a second longer to be honest.

mgdavid

for that offence and amount of money I'd say they'll have your card marked for many years - it's not exactly a parking fine is it? Given how short of cash Spain is, and the cross-border co-op within the EU I'm mildly surprised they've not followed up on it before.

alanrowell

Mr_Wang wrote: »

I owed a few hundred US dollars from missing Tolls in Florida a few years back. I have never been pulled up for it and have been back plenty of times. But I think the difference is that the hire company takes the fall and then tries to claim.

A couple of years back we bailed Bali with medical bills to pay (they ripped us off) and Ive been back since without a problem. The issue again is that this is civil.

I honestly believe that if you rock up at Spain nothing will happen to you, but if you get stopped by the police whilst in Spain you may get rumbled.

I really wouldn't worry about it a second longer to be honest.

Neither is a member of the EU, neither could issue a European Arrest Warrant, neither - apparently - has gone to court with judgement against the OP. There's a distinct chance that the attempted smuggling was treated as a criminal matter rather than civil

The only surprise is that the Spanish haven't already chased this up.

zagfles

What exactly is the offence here? Is there really a limit to the amount of tobacco you can leave Spain with?

MrsC....tobe

I know someone who caused minor vandalism in Spain and was ripped off daily by the police in paying for the damage....they kept demanding a different amount and whenever he went with the money it was never counted in front of him and no receipts etc etc. eventually he was told it was all over and he went home only to find out a number of years later he was the subject of an International Arrest Warrant! It took a solicitor fluent in Spanish and another 1000 euros on top of the extortionate amount already paid to sort out something that he was told was finished before he left the country.
I'd seek the advice of a different solicitor and see what you can find out.

MrsC....tobe

zagfles wrote: »

What exactly is the offence here? Is there really a limit to the amount of tobacco you can leave Spain with?

Technically no, but you must be able to prove that it's for personal use. That might be a bit difficult with 600 pouches although we don't know the full circumstances.

zagfles

MrsC....tobe wrote: »

Technically no, but you must be able to prove that it's for personal use. That might be a bit difficult with 600 pouches although we don't know the full circumstances.

But that's an import issue not an export issue surely - so what it's got to do with the Spanish if he's leaving the country? Do they really have customs checks on exit?

rustyboy21

I think they just have to uphold an agreement re smuggling. I know it is not the same, but why is it that if you get stopped by security at a UK airport, they can swab your bags and see if you have had any drugs in them. It really doesn't matter as you are going OUT of the country, they are not being imported, but you would still get done. I think it may be a joint agreement between all the EU countries.

It must have been all in his hand luggage though, That's a hell of a lot. I would be surprised if they had pulled him up, after checking his suitcase, they would normally just through standard screening. I have gone through many times with at least 24 cartons of cigs in my case, without any issue, apart from the Canaries, where they Xray the cases on arrival at Manchester for example, from any non EU country like Turkey, the canaries, Gibraltar etc.

( And yes, before any of you try and pick me up on it, Yes I know Canaries and Gib are in the EU, but they are not covered by the standard allowances of the other countries, Just before you start !)

The issue he has got though, is that it looks as if it could be a court fine, not just a civil issue. Is there any end time for the fine to be put to bed? I wouldn't risk it OP. Try and get a decent Spanish Solicitor to give you advise first.