News: Temporary Seizure of Cash Despite a Voluntary Disclosure? Important Decision by the Court of Cassation in a Case Handled by Our Firm.

Significant ruling by the Court of Cassationon a customs matter in a case handled by the firm: for the first time, the Criminal Chamber, in a decision dated March 22, 2023, ruled on the legality of a provisional seizure of cash by Customs, even though the cash had been voluntarily and properly declared upon crossing the border.

The Criminal Chamber upheld our arguments and overturned the unfavorable order issued by the President of the Investigating Chamber, noting in essence that the customs decision to temporarily detain —which is, by definition, an infringement, especially since the declaration was voluntary—must be based on multiple indications of criminal activity and cannot be justified solely by the amount of money being transported, in this case 500,000 euros.

This ruling, the first of its kind, reinforces the effectiveness of the remedy provided for in Article L152-5 of the CMF, which took effect in June 2021; this remedy deserves to be more widely publicized and utilized.

Thanks to the excellent work of Hervé Hazan, a lawyer at the Court of Cassation.