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اليوم الاربعاء الموافق : 22 - نوفمبر - 2017

   

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Part Fifteen
Customs Litigation
Section Two
Preventive Measures
  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.