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Paragraph 2: Modulation of sentences according to the scale and seriousness of the offence and the personality of the offender, special provisions, repeat offending

Article 369 of the French Customs Code

1. Having regard to the extent and seriousness of the offence committed and the personality of the offender, the court may : a) Release the offenders from confiscation of the means of transport, except in cases where the acts of smuggling or the like have been committed by concealment in specially prepared hiding places or in cavities or empty spaces not normally intended for the accommodation of goods ; b)…

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Article 370 of the French Customs Code

1. If a person who contravenes the provisions of articles 410, 411, 412, 414 and 414-2 of this Code commits, within five years of a settlement or conviction that has become final, a new offence falling within the scope of the penalties provided for by the aforementioned articles, the maximum rate of penalties incurred shall be doubled. 2. This provision shall not apply, except in the case of personal fault,…

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