Jacquemart C
Bull Narc. 1984 Oct-Dec;36(4):43-50.
Well-organized drug traffickers and their associates use sophisticated methods, such as banking transactions, to conceal their illegally acquired assets under the cloak of quasi-legitimate operations. The Customs Code contains provisions that govern French Customs officials in their fight against drug crimes and the proceeds of such crimes. In any customs offence relating to illicit drugs, legal action is directed against all those associated with the offence. When convincing information is received on drug trafficking and the proceeds derived from it, customs officials are authorized, in conjunction with the police, to make house searches anywhere in the country, even if no court procedure has been initiated. The confiscation of property derived from drug crimes can be ordered only by a court of law. Once sentence has been pronounced, any illegally acquired property that has been seized is confiscated. The Customs check all financial movements, searching for any exchange infractions, and banking secrecy is not allowed to obstruct the performance of this function. Although legal provisions in France have proved effective, the results obtained in respect of confiscation of the proceeds of drug crimes have generally been limited. Insufficient international co-operation seems to a certain extent to account for this unsatisfactory situation and the author pleads for more effective co-operation between Governments in tracing and securing the confiscation of property derived from drug trafficking.
组织严密的毒贩及其同伙采用复杂的手段，如银行交易，将其非法所得资产隐藏在准合法经营的外衣之下。《海关法》载有关于法国海关官员打击毒品犯罪及其犯罪所得的规定。在任何与非法药物有关的海关违法行为中，法律行动针对所有与该违法行为有关联的人。当收到关于贩毒及其所得的确凿信息时，海关官员经授权可会同警方在全国任何地方进行房屋搜查，即使尚未启动任何法庭程序。只有法院才能下令没收毒品犯罪所得财产。一旦宣判，任何被扣押的非法所得财产都将被没收。海关检查所有金融交易，查找任何外汇违规行为，银行保密不得妨碍此项职能的履行。尽管法国的法律规定已证明有效，但在没收毒品犯罪所得方面取得的成果总体上有限。国际合作不足在一定程度上似乎是造成这种不尽人意局面的原因，作者呼吁各国政府在追查和确保没收贩毒所得财产方面开展更有效的合作。
