In the event of a sentence of confiscation relating to property that is not in the hands of the law, the criminal court may, in order to guarantee the execution of this sentence, order the seizure, at the advanced expense of the Treasury, of the confiscated property.
The court may also authorise the handover to the Agency for the Management and Recovery of Seized and Confiscated Assets, with a view to its disposal, of the confiscated movable property whose seizure it orders, where such property is no longer necessary to establish the truth and where its retention would be likely to diminish its value. In this case, the proceeds of the sale are deposited.
The court’s decision is enforceable notwithstanding any appeal or opposition that may be lodged against the sentence. However, the president of the criminal appeals chamber may order, at the request of the public prosecutor or at the request of one of the parties, the total or partial release of these measures, by special reasoned decision.
Rulings that acquit the accused or do not confirm the confiscation of the property automatically entail release of the seizure at the advanced expense of the Treasury or, if the owner so requests, restitution of the proceeds of the sale.