Flashcard: Customs Offense Detection and Evidence Procedures — 16 carte

Customs offense finding — definition?

Gathering evidence and recording elements in a procès-verbal.

Authorized agents — who?

Customs agents, MEFP sworn agents, OPJ, BCEAO agents.

PVC — when used?

For non-flagrante offences, usually no goods seizure.

PVS — when used?

In flagrante cases, even without seizure, for other offences.

Flagrante offence — meaning?

Observed at the moment or immediately after commission.

Flagrant délit — condition?

Within a short time, pursued, with traces or objects.

Transaction acts — examples?

Customs declaration, foreign documents, police procès-verbal.

Seizure procedure — powers?

Search, body search, medical referral, stop transport, ship visit.

Search powers — postal visit?

Inspect mail with postal employees present, respecting secrecy.

Identity control — scope?

Persons entering/leaving or within the customs radius.

Document communication — purpose?

Obtain and use documents for checks and investigations.

Apprehension rights — triggers?

After noting a customs offence; include seizure, retention, preventive hold.

Real vs fictive seizure?

Material apprehension vs legal/theoretical seizure.

Preventive hold — purpose?

Secure penalties by retaining objects linked to offences.

Capture — when?

Pursuit à vue or sudden discovery of fraudulent goods.

Detention — basis?

Offences punishable by imprisonment, flagrant or not.