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اليوم الاربعاء الموافق : 22 - نوفمبر - 2017

   

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Part Fifteen
Customs Litigation
  Section Two
Preventive Measures
  sub-section One
Preventive Seizure
  Article (198):- The prepares of the arrest warrant shall have the right to seize the goods being the subject of the violation or the crime of smuggling and the things used to hide that as well as the means of transport, provided that the seized things shall remain in the customs department until the case is decided on. They also shall have the right to seize all documents with the aim of proving the violations or smuggling crimes and ensure duties, taxes and fines. By resolution of the minister, whenever necessary, and upon the proposal of the Chairman of the Authority and approval of the public prosecution a sufficient part of the funds of the violators and those responsible for smuggling, whether movable or immovable, may be seized to ensure duties, taxes, fines and expropriations in accordance with provisions in force and provided that the suit for rights shall be filed before the competent court within a month from the date of effecting the seizure.
  Article (199):- When necessary the Customs Authority, by resolution of the Chairman of the Authority and to ensure the rights of the treasury, may impose a compulsory insurance on the funds of the taxable and their guarantors within the conditions determined in laws in force.
  Sub-section Two
Preventive Arrest
  Article (200):- Preventive arrest shall not be permissible except in the following cases:-
  1. In the event of the evident crime of smuggling in the act or whatsoever is considered to be such.
  2. when undertaking prohibitive acts that obstruct the realisation of the violation or the crime of smuggling.
  3. when it is feared that the persons will run away or hide to be rid of the penalties, fines and compensation they may be penalised with.
  The resolution of arrest shall be issued by the Chairman of the Authority or the head of the customs department and the competent public prosecution notified.
  The person arrested shall be presented to the competent prosecution within a period of 48 hours at most. Official holidays shall not be included in such period and the period of arrest shall commence as from his arrest by the customs.
  The court shall decide the arrest of the person referred to it or release him after his arrest against a guarantee that is not less than the amounts specified by law or without guarantee by previous resolution. The person arrested or the Customs Authority may appeal the decision of such court within 48 hours of the date of notification and the arrested person shall not be released before the appeal judgment acquires the decisive final degree.
  The appeal shall be presented to the court that issued the decision to refer it to the appeals that issued the decision to refer it to the appeals court (Penalties Division) located in the center of the competent court.
  The appeals court shall consider the resolution appealed against without enjoining the litigants and its decision shall be irrevocable.
  The authority that decide on preventive arrest may terminate it before submission to the competent court against a guarantee that does not exceed the amounts that he may be adjudjed with or without such guarantee by a causative resolution.
  Sub-section Three
Prohibition of Travel of Violators and Those responsible for smuggling
  Article (201):- The Chairman of the Authority or whomsoever he deputes shall have the right to request of the judicial authorities prohibition of violators and those responsible for smuggling from leaving the country in the event of the things seized not begin sufficient to cover the fees, taxes and fines.
  Such request shall be revoked if the violator or the one responsible for smuggling presents guarantee that equals the value of the amounts that may be demanded of him or it later becomes evident that the seized funds are sufficient to cover such amounts.