الضابطة الجمركية في ظل الإجراءات الجزائية الفلسطينية
Date
2021-06-07
Authors
رزان سعيد حسين سراحنة
Razan Said Hussein Sarahneh
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
The study dealt with the issue of customs police in light of the Palestinian
criminal procedures, and the study focused on Decree Law No. 2 of 2016
regarding customs police, which granted the customs police the status of
judicial control in order to facilitate its tasks, this is in order to search and
investigate crimes that fall within the areas in which the customs police force
performs its work.
Therefore, it was necessary to address the provisions of the Palestinian Penal
Procedures Law No. 3 of 2001 and the Customs and Excise Law No. 1 of
1962 AD, And they are many laws that gave the customs police the status of
judicial control in its tasks, In order to clarify and specify the powers that
conferred upon them by law in preparing the criminal case, whether original
or exceptional powers which granted by the legislature to the judicial
officers in specific cases, In order to assist the investigation authorities in
carrying out their duties to the fullest.
The customs police apparatus, in its capacity as a judicial officer, is subject
to the control and supervision of the Public Prosecution, and it abides by the
jurisdictional rules of which specified in accordance with the law.
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The study reached many results, the most important of which was that the
main task of the customs police is to seize the violating goods and refer them
to the competent authorities of government departments to be dealt with
according to the procedures followed by them, and the task of destroying the
seized goods is not the responsibility of the customs police, but rather the
responsibility of official committees formed according to the law Which
regulates the destruction process at each of the other concerned government
agencies.
As for the study’s recommendations, the most important of which was to
propose legislation that covers many matters explicitly and clearly, including
the duties and powers of the customs police force, especially since many of
the authority’s powers are scattered in more than one legislation or based on
practical practice.