During the investigation in flagrante delicto or the preliminary investigation, the liberty and custody judge, at the request of the public prosecutor, may order by reasoned decision the seizure, at the advanced expense of the Treasury, of property for which confiscation is provided for by the article 131-21 of the Penal Code without divesting the owner or holder thereof. The investigating judge may, during the investigation, order this seizure under the same conditions.
The decision taken pursuant to the first paragraph shall be notified to the public prosecutor, the owner of the seized property and, if known, third parties with rights in the property, who may refer it to the investigating chamber by declaration at the court registry within ten days of notification of the decision. This appeal does not have suspensive effect. The appellant is only entitled to have the documents relating to the seizure that he is challenging made available to him. If they are not appellants, the owner of the property and third parties may nevertheless be heard by the investigating chamber, without however being able to claim to have the proceedings made available.
The magistrate who orders the seizure without dispossession shall designate the person to whom custody of the property is entrusted and who must ensure its maintenance and preservation, at the expense, where applicable, of the owner or holder of the property who is liable for it in accordance with Article 706-143 of this code.
Aside from acts of maintenance and conservation, the custodian of the seized property may only use it if the seizure decision expressly so provides.