| Article
347 |
1-
Customs employees are under the protection of the Law, no one is allowed
to offend, threaten, mistreat or object them while they are exercising their
functions, under the risk of penalties prescribed in Article 426 of this
Law. |
| |
2- Civil and military authorities must assist customs employees upon the
first request they make in order to carry out their functions, the customs
administration shall also assist public administrations and departments
within the conditions set forth in the laws and regulations in effect.
|
| Article
348 |
Customs employees of all ranks take oath, at the beginning of their terms,
before the magistrate of the region they were assigned in.
|
| Article
349 |
When
a customs employee takes up his post, the Director General of Customs shall
grant him a written authority allowing him to perform certain specific tasks
deemed appropriate. The customs employee shall produce such authority whenever
he is requested so while on duty.
|
| Article
350 |
Customs directors and inspectors as well as the employees of the Department
of Smuggling Detection affiliated to the customs administration, and officers
and guards, members of the Public Force shall be allowed to carry weapons
in order to carry out their functions.
|
| Article
351 |
The customs police officials may
only use their arms in the following cases:
1- In case of legal defense prescribed in Article 563 of the penal code.
|
| |
2-
When they fail in any manner whatsoever to resist their disarmament or to
defend their locations or checkpoints or people put in their custody, or
when they are offered a stiff resistance that can only be defeated by arms. |
3- When they fail to arrest vehicles, vessels or other means of transport
whenever their drivers do not abide by the notices prescribed in paragraph
(4) of this Article and to signs that must accompany it.
The customs police officials may use other means or obstacles to stop the
means of transport when their drivers refuse to comply with the notice. |
4-
When they warn persons attempting to escape to stop or when they shout repeatedly
"Customs, stop" and should such persons refuse to abide by the
warning, therefore they can only be compelled to stop by arms. In this case
the decision must be backed up by general or specific proofs indicating
the participation of the said parties to a crime or their attempt to commit
a smuggling operation.
|
| Article
352 |
Every
customs employee whose term comes to an end for any reason whatsoever (removed
or pensioned off, or retired, or resigned, etc..) should immediately return
to his direct boss his service authorization, records, seals, arms, and
equipments given to him to perform his tasks. Should he fail, the chief
of the department to which he was affiliated shall have the right to issue
a compulsory note against him pursuant to the conditions laid down in paragraphs
(3) (5) and (6) of Article 171, provided that the note encloses a copy of
the administrative decisions rendered to strike him off the administration
roll. In order to be able to notify and to enforce the decision, the magistrate
of the area to which the employee was affiliated when he was stroke off
should stamp it. |
