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A Berruyer lawyer obtains the transmission of a priority question of constitutionality to the Court of Cassation after a customs check in Vierzon

The Bourges Criminal Court, which met on March 18, announced its decision, this Friday, April 1, to transmit a priority question of constitutionality (QPC) to the criminal chamber of the Court of Cassation. Addressed by Me Eugène Bangoura, who defends the interests of a forty-year-old suspected of money laundering, this QPC may then be submitted, or not, to the Constitutional Council by the Court of Cassation.

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As a reminder, this QPC focuses on article 60 of the customs code deemed unconstitutional on several points by lawyer berruyer. The lawyer had in particular highlighted the fact that customs controls are put in place without the gaze of the judicial authority and even without its authorization or that the space of time during which a person is immobilized during a control , and his vehicle searched, is not subject to any legal framework. For Me Bangoura, this time of control undermines the freedom to come and go.

In his submissions concerning this QPC request, Joël Garrigue, public prosecutor, relied on the wisdom of the court.

Postponed to January 2023

The case, namely the transport of 47,000 euros in cash in the door trim of a vehicle checked by customs on February 10, 2020 at the A20 Vierzon Nord tollbooth, has been adjourned to January 11, 2023, at 14 hours. Incarcerated in connection with another case, the suspect remains in prison.

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