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Article 323-9 of the French Customs Code

At the end of the customs detention, the public prosecutor may order that the detained person be brought before him, a judicial police officer or a customs officer authorised under article 28-1 of the code of criminal procedure, or that he be released. When detainees are taken into police custody at the end of the period of detention, the duration of the detention is counted against the period of police…

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Article 323-10 of the French Customs Code

In the event of a minor being caught in the act of committing a customs offence, customs detention takes place under the conditions set out for detention and police custody in articles L. 311-1 to L. 311-5, L. 411-1 and L. 413-1 to L. 413-15 of the French juvenile criminal justice code.

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Article 323-11 of the French Customs Code

I.-For the purposes of the customs investigation, customs officers may, during customs detention, in the constant and effective presence of the detainee, examine the contents of documents, whatever their medium, and all other objects in the detainee’s possession, before seizing those relating to the customs offence in flagrante delicto. The public prosecutor is informed by any means and may object. For digital media, the technical operations required to make computer…

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Article 324 of the French Customs Code

1. (a) As far as circumstances permit, seized goods and means of transport shall be taken to and deposited at the Customs office or post nearest to the place of seizure. Where there are several Customs offices or posts in the same locality, the seized articles may be transported to any one of them. b) When they cannot be taken immediately to the office or post or when there is…

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Article 325 of the French Customs Code

The reports shall state the date and cause of the seizure; the statement made to the accused; the name, capacity and address of the persons seizing the goods and of the person in charge of the proceedings; the nature and quantity of the goods seized; the presence of the accused at the description of the goods or the summons to attend; the name and capacity of the custodian; the place…

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Article 326 of the French Customs Code

1. Seized means of transport shall be released on a solvent bond or on deposit of the value. However, such release shall be offered, without security or deposit, to the owner in good faith who is not being prosecuted pursuant to this Code. 2. By way of derogation from 1, the release of a means of transport containing hiding places set up with a view to concealing the fraudulent goods…

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Article 327 of the French Customs Code

1. If the accused is present, the report shall state that it has been read to him, that he has been asked to sign it and that he has immediately received a copy. 2. If the accused is absent, a note to that effect shall be made in the minutes.

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Article 329 of the French Customs Code

1. If the reason for the seizure is forgery or alteration of consignments, the report shall state the type of forgery, alteration or overprint. 2. The said copies, signed and initialled ne varietur by the seizing parties, are attached to the report which contains the summons to the accused party to sign them and his reply.

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Article 330 of the French Customs Code

1. In the event of a home seizure, goods that are not prohibited shall not be moved, provided that the accused provides a solvent guarantee for their value. If the defendant fails to provide security, or if the goods are prohibited, they will be taken to the next office or entrusted to a third party custodian, either at the place of seizure or at another location. 2. The judicial police…

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Article 331 of the French Customs Code

With regard to seizures made on ships and deck boats, when unloading cannot take place immediately, the seizors affix seals to the hatchways and hatches of the vessels. The report, which is drawn up as unloading progresses, mentions the number, marks and numbers of the bales, boxes and barrels. The detailed description is only made at the office, in the presence of the accused or after he has been summoned…

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