French Customs Code
In force1. In the event of the seizure of means of transport whose release on bail or deposit has been offered by means of an official report and has not been accepted by the party, as well as in the event of the seizure of objects that cannot be kept without running the risk of deterioration, the liberty and custody judge of the judicial court in whose jurisdiction the property is located or the examining magistrate hearing the case may, at the request of the customs authorities, authorise the seized items to be sold by auction or made available to the customs authorities free of charge, after their value has been estimated.
2. Decisions taken pursuant to this article shall be the subject of a reasoned order.
3. The owner of the goods, if known, shall be notified of the order and may appeal to the Investigating Chamber by filing a declaration with the court registry within ten days of notification of the decision. This appeal has suspensive effect. The owner may be heard by the Investigating Chamber.
4. In the event of a sale by auction, the proceeds of the sale are deposited by the customs accountant. If the goods are not confiscated, the proceeds are returned to the owner.
In the event of disposal, when the case is dismissed, the case is not pursued, the case is acquitted or abandoned by settlement, or when confiscation is not ordered, the owner who so requests obtains the return of the property, accompanied, where appropriate, by compensation for the loss of value that may have resulted from the use of the property.
