صرامة أحكام التفتيش في الجريمة الجمركية

Abstract EN

A person's private life necessitates that his right of privacy of his personal life and its effects.

In this sense, it is not permissible, as a public asset, to have the authority of the State to search for or prove the customs crime after it has occurred, but it needs a balance between these two rights.

But if the inspection in the general rules aims to control the evidence of the crime occurred and the search for evidence and the perpetrators by the judicial police under the supervision of the judiciary, the customs inspection of people and their accessories and vehicles, provided under the amended Algerian Customs Code Law 17-04 is not intended to produce all evidence of a customs offense that has already been committed and is being searched for, rather, it is an inspection intended to prevent or detect a future customs crime before it occurs.

It is not a mere act of curiosity in the customs agent, but a defense from the hostility of the national economy that makes the inspection justified in the most complete manner, and from this point of view, appeared the strictness of the privacy of the inspection in the customs matters.