Question 12916 — drugs

Summary

Mrs Florence Joubert draws the attention of the Minister of the Interior to the persistent gaps in the coordination between criminal action and customs action concerning the repression of offenses against drug legislation. As the law stands, many offenses in this area include a dimension of import, export or fraudulent circulation of prohibited goods, likely to characterize a autonomous customs infraction, giving rise to the application of particularly dissuasive customs fines. However, the information of the customs administration, by the public prosecutor's offices or the investigation services, remains optional, heterogeneous and dependent on local practices, while the customs administration is under no obligation to systematically request the application of a customs fine before the courts. This This situation leads to a clear under-use of the customs arsenal, even though the context of the growing power of drug trafficking organizations requires a global response, also including heavy financial sanctions, aimed at the profits of criminal networks. Therefore, the Member would like to know whether the Government intends to modify the legislative or regulatory framework in order to impose the transmission systematically to the customs administration, of any procedure likely to characterize a customs offense. At the same time, does it intend to correlatively provide for the obligation, for the customs administration, to take customs action and systematically request the application of customs fines before the criminal courts, as long as the legal conditions are met? More broadly, she asks him if he thinks of initiating a reform aimed at strengthening the complementarity between criminal sanctions and customs sanctions in the fight against drug trafficking, in order to guarantee a more coherent and more dissuasive repressive response throughout the national territory.

Machine translation from French. The official text remains authoritative.

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