A summons served on an accused person by a customs officer on the instructions of the public prosecutor under the conditions set out in article 390-1 of the Code of Criminal Procedure shall be deemed to constitute a summons to appear in person.
The rules in force in the territory concerning cassation proceedings in civil and criminal matters are applicable to customs cases.
In customs matters, customs officers may issue all writs and other legal documents that bailiffs are accustomed to issuing; they may, however, use any bailiff they see fit, in particular for the sale of seized, confiscated or abandoned goods.
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)…
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,…
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.
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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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