Call Us + 33 1 84 88 31 00

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.

Read More »

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…

Read More »

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…

Read More »

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…

Read More »

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…

Read More »

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.

Read More »

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.

Read More »

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…

Read More »

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…

Read More »

Article 332 of the French Customs Code

1. Outside the radius, the provisions of the preceding articles shall apply to offences detected in offices, warehouses and other places subject to the supervision of the Customs Service. 2. Seizures may also be made anywhere in the event of pursuit on sight, flagrant infringement, infringement of Article 215 above or the unexpected discovery of goods whose fraudulent origin is evident from the declarations of their holder or from documentary…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.