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Title XII: Litigation and recovery

Article 321 of the French Customs Code

This Title does not apply to taxes collected and controlled in accordance with the same procedures and subject to the same penalties, guarantees, securities and privileges as indirect contributions or turnover taxes. However, the first paragraph of this Article shall not prevent the application of the provisions of Title II and of this Title relating to the control, punishment and prosecution of offences under this Code whose purpose or result…

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Article 322 of the French Customs Code

Official reports, summonses, notifications, orders and other documents drawn up in connection with the implementation of the powers of investigation, recording and prosecution provided for in this Code may be drawn up, converted and stored in digital format under the conditions set out inArticle 801-1 of the Code of Criminal Procedure. The procedures for applying this article shall be specified by decree.

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Article 322-0 bis of the French Customs Code

Where this Code provides for summonses, reports or any other documents, or copies thereof, to be delivered or sent by customs officers, such delivery may be made by electronic means, provided that the person concerned has given his prior consent by means of an express declaration obtained during the procedure. This agreement specifies the method of electronic communication accepted by the person concerned. A written record of this transmission shall…

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Article 322 bis of the French Customs Code

Customs officers may detain the goods referred to inarticle 38 (4) and (5) above, or goods likely to belong to one of the categories of goods listed in these same provisions, and possibly the vehicles transporting them, on business premises or in any other place authorised by the department, at the expense of the owner, consignee, exporter or, failing this, any other person involved in the import or export operation,…

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Article 323 of the French Customs Code

1. Infringements of customs laws and regulations may be established by an official of the customs or of any other administration. 2. Those who establish a customs offence have the right to seize all objects liable to confiscation, to retain the shipments and all other documents relating to the objects seized and to proceed with the preventive retention of objects assigned to the security of penalties.

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Article 323-1 of the French Customs Code

Customs officers may only arrest and detain a person if they are caught in the act of committing a customs offence punishable by a prison sentence and if this measure is justified by the needs of the customs investigation.

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Article 323-2 of the French Customs Code

The duration of customs detention may not exceed twenty-four hours. However, detention may be extended for a further period of up to twenty-four hours, with the written authorisation of the public prosecutor, giving reasons, if this is justified by the requirements of the customs investigation. Authorisation is granted under the conditions set out in II of article 63 of the Code of Criminal Procedure.

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Article 323-3 of the French Customs Code

As soon as the person is detained by customs, the public prosecutor in whose jurisdiction the offence has been recorded in flagrante delicto is informed by any means. He is informed of the description of the offence given to the detainee. The public prosecutor may change this classification; in this case, the new classification is notified to the person under the conditions set out in article 323-6. If the measure…

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