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If the Duration of the Customs Detention
Droit Immobilier

If the Duration of the Customs Detention

📅 Decision of 07 March 1994🔄 Updated on 15 October 2026⚖️ Cour de cassation👁️ 15 views📖 2 min read

If the duration of the customs detention is set off against that of police custody, no statutory provision extends to the former the regime provided for the latter by Article 63-1 of the Code of Criminal Procedure. Thus, customs administration officers, who do not have the status of judicial police officers, are not obliged to inform the person detained under Article 323 of the Customs Code of the rights mentioned in Articles 63-2, 63-3 and 63-4 of the Code of Criminal Procedure or of the provisions relating to the duration of police custody. (1).

Reference decision: cc • No. 93-85.698 • 1994-03-07 • View the decision →

This decision provides important insights into your real estate law. Here is what it changes for you.

The situation

If the duration of the customs detention is set off against that of police custody, no statutory provision extends to the former the regime provided for the latter by Article 63-1 of the Code of Criminal Procedure. Thus, customs administration officers, who do not have the status of judicial police officers, are not obliged to inform the person detained under Article 323 of the Customs Code of the rights mentioned in Articles 63-2, 63-3 and 63-4 of the Code of Criminal Procedure or of the provisions relating to the duration of police custody. (1).

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Be proactive: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 93-85.698
  • Court: Cour de cassation
  • Decision of: 07 March 1994

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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