News: Customs fines, individualized sentencing, and sentencing adjustments

In a ruling dated January 5, 2023, the Criminal Chamber of the Court of Cassationclarified, for the first time, the requirements for stating reasons that apply to criminal judges when imposing a customs fine.

To understand the scope of this ruling, it is important to bear in mind that, with regard to the issue of the reasoning behind the imposed sanction, it is settled case law that the determination of the amount of the customs fine by the judge is not governed by the rules set forth in the Criminal Code and the Code of Criminal Procedure, but by the provisions of the Customs Code.

In other words, the principle of individualization of the fine, as referred to in Article 132-1 of the Criminal Code and Article 132-20 of the same code, under which “the amount of the fine is determined by taking into account the resources and expenses of the offender,” does not apply to customs fines. Nevertheless, the Court of Cassation concludes from a combined reading of Article 369 of the Customs Code and Articles 485, 512, and 593 of the Code of Criminal Procedure, that in customs matters, any fine must be justified in light of the scope and seriousness of the offense committed as well as the character of the offender, regardless of the amount of the fine imposed.

Following the appeal, the fine of €120,212 originally imposed was reduced to €1,000.

Thanks to the excellent work of Guillaume Hannotin, a lawyer at the Court of Cassation.