French Customs Code
In forceWhere there are one or more plausible grounds for suspecting persons of having committed a customs offence punishable by two years' imprisonment or more, or of having participated as accomplices or interested parties in fraud within the meaning of Article 399, in the context of a surveillance operation, and where the needs of the investigation so require, customs officers authorised by the Minister responsible for customs under conditions set by decree may, throughout national territory, with the authorisation of the public prosecutor at the judicial court in whose jurisdiction the surveillance operations are likely to begin, ask any civil servant or public agent not to proceed with the control and questioning of these persons in order not to compromise the continuation of the investigations.
As part of an operation to monitor the routing or transport of objects, goods or products derived from the commission of a customs offence or used to commit a customs offence, where the prison sentence incurred is equal to or greater than two years, and where the needs of the investigation so require, customs officers authorised by the Minister responsible for customs under conditions laid down by decree may, throughout the national territory, with the authorisation of the public prosecutor of the judicial court in whose jurisdiction the surveillance operations are likely to begin, ask any civil servant or public agent not to proceed with the control and seizure of these objects, goods or products so as not to compromise the continuation of the investigations.
The public prosecutor's authorisation, which may be given by any means, shall be mentioned or placed in the case file. The Public Prosecutor shall immediately inform the Public Prosecutor at the Paris Judicial Court of the granting of such authorisation.
