News: Temporary withholding of cash despite spontaneous declaration? Important decision by the Cour de cassation in one of the firm's cases.

An important decision by the Court of Cassation in a customs case: the first time that the Criminal Division, in a ruling dated March 22, 2023, has ruled on the legality of a provisional withholding of cash by the customs authorities, even though the money had been declared spontaneously and regularly when crossing the border.

The Criminal Division upheld our arguments and overturned the unfavorable order issued by the President of the Investigating Chamber, pointing out that a customs decision to temporarily detain a person - which by definition is intrusive, especially as the declaration is spontaneous - must be based on several indications that criminal activity has been committed, and cannot be motivated solely by the amount of the sum transported, in this case 500,000 euros.

This decision, the first of its kind, reinforces the effectiveness of the recourse provided for in Article L152-5 of the CMF, which came into force in June 2021, and which deserves to be given greater prominence and initiated.

Thanks to the excellent work of Hervé Hazan, lawyer at the Cour de cassation.