ضمانات إدارة الجمارك أمام الغرفة الجزائية

الملخص EN

Jurists were more concerned with in the defendant's guarantees in a fair trial than those of the injured party, although the latter is the one to whom the wrongful act was committed, this led us to highlight the safeguards of the Customs Department as the injured party in the offences of a customs nature, such safeguards have a different characteristic from the rest of the others.

It is of a procedural nature, as it relates to the appeal rightto the criminal chamber, whether in case of appeal or non-appeal, the Customs Department, the accused, the Public Prosecutor's Office, and hence the matter varies from case to case.

In all cases the criminal chamber is required to respect the following principles: - The principle of litigation in two degrees so that it can't adjudicate on new applications, or adjudicate the appeal of in entia convictions.

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-The principle that doesn't prejudice the appellant's appeal.

Compensation may not be reduced in the event of an appeal by the Customs Department alone.

The principle of the accused'sbenefiting from an appeal by the Public Prosecutor's Office provided that the Customs Department'sright to evaluate the fraudulent goods must be respected.

The Criminal Chamber must finally pay attention to the Customs Department guarantees because it's relatedto the protection of the national product and economy.