Article 373 of the French Customs Code
In any action on a seizure, proof of non-infringement is the responsibility of the person seized.
Home | French Legislation Articles | French Customs Code | Title XII: Litigation and recovery | Chapter III: Court proceedings | Section 5: Miscellaneous provisions | Paragraph 3: Special provisions for proceedings arising from customs offences
In any action on a seizure, proof of non-infringement is the responsibility of the person seized.
1. The confiscation of seized goods may be pursued against the drivers or declarants. 2. Where the owner of the goods is known, confiscation of the goods seized, with the exception of those prohibited under customs regulations, may only be pursued if the owner is implicated before the criminal court called upon to rule on the proceedings.
1. The customs administration may apply to the judicial court for the confiscation in kind of items seized from unknown persons or individuals who have not been prosecuted due to the insignificance of the fraud. 2. The said application shall be decided by a single order, even if the application relates to several seizures made separately.
1. Seized or confiscated objects may not be claimed by their owners, nor may the price, whether deposited or not, be claimed by creditors, even preferential creditors, except in the case of their recourse against the perpetrators of the fraud. 1a. However, where the fraudulent goods or goods used to conceal the fraud have been seized and provided that they are not prohibited under customs regulations, the goods may be…
Subject to the provisions of Article 100 (1) and (2) above, the truth or falsity of statements must be judged on the basis of what was first stated.
1. In addition to tax penalties, the courts shall order the payment of sums defrauded or improperly obtained. 2. Even when it does not pronounce a sentence, the criminal court is competent to rule on the provisions of article 369, paragraph 4 of this Code.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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