Procedural Powers of Customs Employee in Combating Customs Crimes

Abstract

The Customs Law confers upon customs administration employees the status of judicial police members within the limits of their assigned authority. However, this designation does not imply that they alone are entitled to exercise judicial police powers in relation to offenses committed in violation of customs regulations. Such powers are primarily vested in judicial police officers with general jurisdiction, as enumerated in Article 39 of the amended Code of Criminal Procedure No. 23 of 1971.

It is important to highlight that customs officials possess broad authority in conducting investigations and collecting evidence. Their powers also encompass certain investigative procedures, including arrest, search, seizure, and the imposition of travel bans. In exceptional circumstances, they may even be authorized to carry out investigations. Given that customs violations are classified as economic crimes, and in the absence of specific procedural provisions governing their investigation or adjudication, such matters are handled in accordance with the general rules laid down in the Code of Criminal Procedure.  Additionally This law does not specify the conditions for granting customs administration employees the status of investigator, unlike what is stipulated in Article (51) of the Code of Criminal Procedure.