Article: "The General Investigative Powers of Customs Officials: What Should Be the Scope of the Joint Chamber of the Court of Cassation’s Ruling?"

A ruling dated March 29, 2024, in a customs matter, analyzed from the perspectives of two attorneys: a criminal defense attorney (Arnaud Mailhos, Bredin Prat) and a customs attorney (Gaspard de Bellescize – ADVENIAT AVOCATS). Read our commentary in the October issue of the Revue des sociétés Lefebvre Dalloz.

The Joint Chamber of the Court of Cassation resolves the differences in interpretation between the Commercial and Criminal Chambers and derives from the “practical effect” of the provisions of Articles 65 and 334 of the Customs Code the existence of a limited power to question customs officials, which must (I) be conducted with persons subject to their inspections and investigations, (II) be limited to gathering information and statements—whether voluntary or in response to questions—related to the subject matter of the inspections and investigations, (III) be conducted without any coercive measures, and (IV) respect the principle of the right to a fair trial. Questions remain regarding the practical aspects of these “simple” hearings.