Voluntary hearings in customs matters
1. What is a voluntary interview?
Bad news: you’ve received a summons to an informal hearing… This means that Customs suspects you of having committed or attempted to commit a “customs” offense. Article 67 F of the Customs Code states that:
“A person against whom there are reasonable grounds to suspect that they have committed or attempted to commit an offense, and who is not in customs custody, may be questioned regarding those facts only after being notified of the information specified in Article 61-1 of the Code of Criminal Procedure. […]”
Good news: you are not being held in customs detention, which is the customs equivalent of police custody.
Customs is summoning you to determine whether its suspicions regarding a potential violation or attempted violation are well-founded: this is the purpose of the hearing, and it means that an investigation is underway, with possible criminal or customs-related consequences.
2. What should you do if you are summoned for a voluntary interview?
Bad news—you've been invited to an informal interview… That means the de
Contact yourcustoms law attorney immediately.
It will be necessary to determine who initiated this hearing and in what context it is taking place: it could involve agents from the DNRED (National Directorate of Customs Intelligence and Investigations), the Judicial Customs Division of the SEJF (Financial Judicial Investigations Service), formerly the SNDJ (National Judicial Customs Service), investigators from any agency…
Customs, the District Attorney’s Office, the Investigating Judge, the European Public Prosecutor’s Office? Your attorney will identify the framework and context of this hearing to explain the ins and outs to you.
It will be essential to prepare for the question-and-answer session if you decide to attend: you are not required to go—that is the very nature of a so-called “open” hearing.
3. What are my rights during a voluntary interview? What happens on the day of the interview?
You won’t be going to the hearing alone: your lawyer will be by your side to ensure that your rights are protected and that the proper procedures are followed.
Customs will first inform you of your rights and explain the nature of the offense committed or alleged, in accordance with Article 67 F of the Customs Code and Article 61 of the Code of Criminal Procedure:
“Without prejudice to the specific safeguards applicable to minors, a person in respect of whom there are reasonable grounds to suspect that he or she has committed or attempted to commit an offense may not be freely questioned about those facts until he or she has been informed:
(1) The nature, date, and alleged location of the offense she is suspected of having committed or attempted to commit;
(2) The right to leave the premises where she is being questioned at any time;
(3) Where applicable, the right to be assisted by an interpreter;
(4) The right to make statements, to answer questions put to them, or to remain silent”
Free to go there, free to leave, free to speak or remain silent, according to the law. In practice, nothing is that simple.
Customs will have prepared a number of questions—usually between 15 and 100—which you will be asked one after another. Please note that your answers will help Customs confirm their suspicions, but very rarely clear you of any wrongdoing!
At the end of the hearing, your lawyer will review the written transcript of your answers. Should you sign it or not? Your lawyer will discuss this with you during your appointment.
4. What happens after the informal hearing?
Several scenarios are possible, depending on the context of the customs investigation.
In most cases, a voluntary hearing takes place as part of a “standard” investigation, which will lead to the issuance of a customs assessment notice. You should expect the investigation to continue and the possible issuance of a notice of violation (outlining the debt and the violation), which carries the risk of criminal prosecution in criminal court, unless a settlement is reached.