Criminalization of concealed spaces in vehicles, boats and aircraft

Criminalization of concealed spaces in vehicles, boats and aircraft

On Jan. 18, 2024, the Law to Make Justice More Humane, Faster and Punitive III was passed. This law brings a lot of changes, including the introduction of some new crimes. An example of one such new crime involves intentionally possessing or equipping a vehicle, vessel or aircraft with a concealed space.

In the fight against organized crime, it has recently become a criminal offense to knowingly possess or equip a means of transportation with a concealed space. A concealed space is commonly used to hold prohibited goods such as drugs, weapons or money, and opening it is usually not easy.

An actionable "concealed space" is defined in the law as a non-factory space for surreptitiously possessing or surreptitiously transporting illegal items, prohibited and licensed weapons, or money of illegal origin. The question arises as to when such non-factory space, as provided in the law, exists. Presumably, the concrete interpretation of the term will continue to be left to the appreciation of the courts of fact.

The following behaviors are punishable as of today:

He who intentionally removes a means of transportation from a concealed space provides, risks imprisonment from 15 days to one year and/or a fine from EUR 26 to EUR 100,000.

A person who intentionally removes a means of transportation from a concealed space property, may be punishable by imprisonment from six months to three years and/or a fine from EUR 26 to EUR 100,000.

The person who has such hidden spaces built-in as a profession or habitual activity risks imprisonment for more than three to five years and/or a fine of 26 to 100,000 EUR.

Even when these hidden spaces are found empty, a conviction will be possible if it can be sufficiently linked to an organization's activities and if it can be sufficiently shown that this space was intended to hide illegal items.

It remains to be seen how the new criminalization will be further fleshed out in the courts. This will undoubtedly give rise to a fascinating debate.

To be clear, the above does not prohibit hiding valuables in your vehicle, such as under the seat, the rear shelf or in the glove box.