Chapter I: Recording of customs offences

1. Infringements of customs laws and regulations may be established by an official of the customs or of any other administration. 2. Those who establish a customs offence have the right to seize all objects liable to confiscation, to retain the shipments and all other documents relating to the objects seized and to proceed with the preventive retention of objects assigned to the security of penalties.

Customs officers may only arrest and detain a person if they are caught in the act of committing a customs offence punishable by a prison sentence and if this measure is justified by the needs of the customs investigation.

The duration of customs detention may not exceed twenty-four hours. However, detention may be extended for a further period of up to twenty-four hours, with the written authorisation of the public prosecutor, giving reasons, if this is justified by the requirements of the customs investigation. Authorisation is granted under the conditions set out in II of article 63 of the Code of Criminal Procedure.

As soon as the person is detained by customs, the public prosecutor in whose jurisdiction the offence has been recorded in flagrante delicto is informed by any means. He is informed of the description of the offence given to the detainee. The public prosecutor may change this classification; in this case, the new classification is notified to the person under the conditions set out in article 323-6. If the measure…

Customs detention is carried out under the supervision of the public prosecutor, who ensures that the detainee’s legal rights are safeguarded. The Public Prosecutor may visit the premises to verify the conditions of the detention and obtain the minutes and registers provided for this purpose.

Under the conditions and subject to the reservations defined in articles 63-2 to 63-4-4 of the Code of Criminal Procedure, the person placed in customs detention has the right to be examined by a doctor and to the assistance of a lawyer, as well as the right to contact a close relative or his curator or guardian, his employer, the consular authorities of his country if he is of foreign…

A person placed in customs detention is immediately informed by a customs officer, under the conditions set out in article 63-1 of the Code of Criminal Procedure: 1° Of his or her detention, as well as the duration of the measure and any extensions that may be granted; 2° The presumed nature, date and place of the offence that he or she is suspected of having committed or attempted to…

Articles 63-5 and 63-6 and the first paragraph of article 63-7 of the Code of Criminal Procedure are applicable in the event of customs detention. The security measures referred to in article 63-6 of the same code are listed exhaustively by order of the minister responsible for customs. The powers conferred on the judicial police officer by article 63-7 of the same code are exercised by a customs officer.

The customs detention report is drawn up in accordance with Article 64 I of the Code of Criminal Procedure. The information provided for in the first paragraph of II of the same article 64 shall also appear in a special register kept, possibly in electronic form, in the customs premises likely to receive a detained person.