Actualidad

Constitutional Tribunal looks at Custom's contraband rules

The court recognizes that the entity is authorized to make seizures, observing the rules

| 3 min de lectura
SD. The Constitutional Tribunal (TC) warned the Directorate General of Customs (DGA)that when there is a seizure of a product as contraband, they should empower the courts to hear the accusation, because to the contrary they would violate due process.

The criteria is contained in the decision TC/0110/15, which confirms an appeal against the state agency, issued by the Second Courtroom of the Civil and Commercial Chamber of the Court of Appeals of the National District which ordered the return of the shipment of rice seized from a man accused of contraband.

The high court suggests that Customs has the obligation to empower a court in order to hear the accusation of contraband and determine the corresponding responsibilities, if there were any, a situation which in this case did not happen.

The TC observes that it is necessary to make clear that the Directorate General of Customs and Ports has all the authority to carry out seizures, according to paragraphs A and B of article 200 of Law Num. 3489.

The court says that this authority, once defined, makes it necessary to indicate that regarding this aspect, in article 176 of this law it is established that in all cases which in the course of the indicated procedures before the Directorate General of Customs and Ports the existence of the crime of contraband or attempted contraband, or complicity in this crime is proven, the DGA should present the case before a competent tribunal.

The court said that it found that the DGA incurred in a violation of due process by not carrying out the indictment before the corresponding tribunal of Invernizzi Irrizari Heredia y Heredia, thereby violating the property rights of these people.

The case heard by the TC was regarding the return of a bus that was seized for the crime of contraband of some 105 bags of rice, in violation of Law 3489, on the Legal Regimen of Customs. They argued that there is nothing in the case file regarding whether Invernizzi Irrizari Heredia y Heridia had been criminally indicted for this incident.