French Code of Criminal Procedure
In forceI.-Category A and B customs officers, specially designated by order of the ministers responsible for justice and the budget, taken after the assent of a commission whose composition and operation are determined by decree in the Council of State, may be authorised to carry out judicial investigations at the request of the public prosecutor or on the basis of a rogatory commission from the examining magistrate.
In order to carry out the duties provided for in this article, these agents shall have jurisdiction throughout the national territory.
They are competent to investigate and record:
1° Offences provided for by the Customs Code;
2° Offences relating to indirect taxation, value added tax fraud and theft of cultural property;
3° Offences relating to the protection of the financial interests of the European Union;
3° bis Offences provided for in 5° of the Article 313-2 of the Criminal Code;
4° The offences provided for by the articles L. 2339-1 to L. 2339-11, L. 2344-7 et L. 2353-13 of the Defence Code;
5° Offences under the articles 324-1 to 324-9 of the Criminal Code;
5° bis The offences of criminal conspiracy provided for in Article 450-1 of the Criminal Code, when their purpose is the preparation of one of the offences mentioned in 1° to 5° and 6° to 8° of this I ;
6° Offences under the Intellectual Property Code;
6° bis Offences under Articles L. 3512-23 à L. 3512-25 of the Public Health Code and their implementing texts;
7° The offences provided for in Articles 56 and 57 of Law no. 2010-476 of 12 May 2010 relating to the opening up to competition and the regulation of the online gambling and games of chance sector, where applicable through participation under an assumed identity in electronic exchanges on a licensed or unlicensed gambling or betting site, and in particular in an online gaming session. The use of an assumed identity does not affect the legality of the findings made. A decree in the Conseil d'Etat shall specify the conditions under which the agents authorised by the Director General of the Authority shall make their findings in this case;
8° Offences related to the offences referred to in 1° to 7°.
However, subject to the provisions of II, they shall not have jurisdiction over drug trafficking.
II.-For the investigation and recording of the offences provided for by Articles 222-34 to 222-40, by 6° of Article 421-1 as well as by Article 421-2-2 of the Criminal Code and related offences, the public prosecutor or the territorially competent investigating judge may set up temporary units made up of judicial police officers and customs agents from among those mentioned in I. The public prosecutor or investigating judge shall designate the head of each unit that he or she sets up.
Temporary units act under the direction of the public prosecutor or examining magistrate, in accordance with the provisions of this code. They have jurisdiction throughout the national territory.
III-(Repealed).
IV.-Customs officers appointed under the conditions provided for in I must, in order to conduct judicial investigations and receive letters rogatory, be personally authorised to do so by virtue of a decision of the public prosecutor.
The authorisation decision is taken by the Public Prosecutor at the Court of Appeal of the place where they are based. It is granted, suspended or withdrawn under conditions laid down by decree in the Conseil d'Etat.
Within one month of being notified of the decision to suspend or withdraw authorisation, the official concerned may ask the public prosecutor to rescind the decision. The public prosecutor must give a ruling within one month. Failing this, his silence will be deemed to constitute rejection of the request. Within one month of the rejection of the request, the official concerned may lodge an appeal with the commission provided for in Article 16-2. The procedure applicable before this commission is that provided for by article 16-3 and its implementing texts.
V.-For the performance of the duties referred to in I and II, customs officers are placed under the direction of the public prosecutor, under the supervision of the public prosecutor and under the control of the investigating chamber of the seat of their office under the conditions set out in Articles 224 to 230.
VI.-When, at the request of the public prosecutor or on the basis of a rogatory commission from an investigating judge, the customs officers mentioned in I and II carry out judicial investigations, they have the same prerogatives and obligations as those attributed to officers of the judicial police, including when these prerogatives and obligations are entrusted to specially designated police or gendarmerie services or units. However, they may only have the prerogatives mentioned in Article 230-46 after having been specially authorised for this purpose under the conditions determined by the decree issued for the application of Article 67 bis 1 of the Customs Code.
These agents are authorised to declare as their domicile the address of the head office of the department to which they report.
They may be assisted by the persons mentioned in articles 706 and 706-2 acting under delegation from magistrates.
By way of derogation from the rule laid down in Article 343(2) of the Customs Code, the action for the application of tax penalties may be brought by the Public Prosecutor's Office, with a view to the application of the provisions of this Article.
VII.-The customs officers referred to in I and II shall be placed under the administrative direction of a magistrate of the judiciary in accordance with procedures laid down by decree in the Council of State.
VIII.-The customs officers referred to in I and II may not, on pain of nullity, exercise any powers or perform any acts other than those provided for by this Code in connection with matters referred to them by the judicial authority.
