تقييد السلطة التقديرية للقاضي الجزائي في الجرائم الجمركية و أثره على حقوق الإنسان

الملخص EN

The relationship of criminal proceedings to human rights is one of the topics that have never stopped being controversial.

Let alone when it is related to the customs law, strict in its provisions, which is due the specificity and nature of the interests it protects.

Thus, the customs legislator is required, in its formulation of the customs crime model and the modality of its prosecution, to strike a balance between the various interests and rights that are raised in respect of a criminal litigation arising out of a customs crime.

The discretion granted to the criminal judge is one of the most important means to achieve this balance, as one of the guarantees associated with the justice; the protector of Rights and Freedoms.

And we concluded, through the present study _by analyzing the provisions of the customs law_ that the legislator has overly limited that power, be it in the criminal judge power to assess the evidence or in terms of his/her appreciation of the penalty.

That reduced the function of the judge to just approving the adaptation and requests of the customs administration and no more.