{"id":3737,"date":"2026-10-01T13:19:55","date_gmt":"2026-10-01T11:19:55","guid":{"rendered":"https:\/\/fournol-associes.com\/?p=3737"},"modified":"2026-10-06T22:17:22","modified_gmt":"2026-10-06T20:17:22","slug":"customs-detention-and-flagrant-offences-involving-cultural-property-in-france","status":"publish","type":"post","link":"https:\/\/fournol-associes.com\/en\/art-market\/customs-detention-and-flagrant-offences-involving-cultural-property-in-france\/","title":{"rendered":"Customs Detention and Flagrant Offences Involving Cultural Property in France"},"content":{"rendered":"

A customs control involving artworks or antiquities can, in some circumstances, lead to customs detention (<\/strong>retenue douani\u00e8re<\/em>). French law places specific conditions on this coercive measure.<\/p>\n

When can Customs place a person in customs detention?<\/h2>\n

Since the recodification of the French Customs Code on 1 May 2026, Article L. 432-1<\/strong><\/a> provides that Customs may apprehend and place a person in customs detention only in the case of a flagrant customs offence punishable by imprisonment and where detention is justified by the needs of the customs investigation.<\/p>\n

The ordinary maximum duration is 24 hours. Under Article L. 432-2<\/a>, it may be extended for up to a further 24 hours with written and reasoned authorisation from the public prosecutor where the needs of the investigation justify the extension.<\/p>\n

What did the French Supreme Court say in 2025?<\/h2>\n

The French Supreme Court decision of 2 April 2025<\/strong><\/a> is particularly relevant to art and cultural property cases. The Court recalled that judges reviewing the validity of customs detention must verify both statutory conditions: the existence of a flagrant customs offence punishable by imprisonment and the necessity of the detention for the investigation.<\/p>\n

The case arose after Customs found ancient coins in a vehicle. An opinion obtained from the DRAC identified the objects as cultural property and archaeological objects. The subsequent customs detention became a central procedural issue.<\/p>\n

For collectors and professionals, the decision is a reminder that the transition from a control to coercive investigative measures is not merely factual: it must satisfy legal conditions that can later be reviewed by the courts.<\/p>\n

Why specialist advice matters<\/h2>\n

In an art-related customs case, procedural questions often overlap with technical questions about the object itself: is it cultural property? What was known about its provenance? Which documents were legally required? What information did Customs possess when the detention began?<\/p>\n

A defence strategy may therefore require both customs and criminal procedure expertise and a detailed understanding of cultural property and art-market practices.<\/p>\n

About the author<\/h3>\n

An article written by Alexis Fournol<\/strong><\/a>, Attorney at Law and Partner at Fournol & Associ\u00e9s.<\/p>\n

Alexis Fournol advises and represents French and international art market professionals and collectors in art market, cultural property, customs and criminal law matters.<\/p>\n

How Fournol & Associ\u00e9s can assist<\/h3>\n

Fournol & Associ\u00e9s regularly advises and represents art market professionals, collectors and owners in French customs matters involving artworks, antiquities, coins and other collectibles. <\/strong>The Firm has handled, and is currently handling, several matters involving customs controls and seizures, provenance and origin documentation, customs investigations and related criminal proceedings.<\/p>\n

Our practice combines experience of French customs and criminal proceedings with an in-depth knowledge of the art market and cultural property regulations. We may intervene from the first stages of a customs control or investigation through to proceedings before the French courts.<\/p>\n

Foreign clients may instruct Fournol & Associ\u00e9s directly. The Firm works in English and regularly acts as French counsel alongside foreign lawyers and other professional advisers. Contact the Firm<\/strong><\/a>.<\/p>\n

Related sector and expertise<\/h3>\n