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Paragraph 3: Special provisions for proceedings arising from customs offences

Article 374 of the French Customs Code

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.

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Article 375 of the French Customs Code

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.

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Article 376 of the French Customs Code

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…

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Article 377 bis of the French Customs Code

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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