Book V: Enforcement procedures

Under the provisions of the fifth paragraph of Article 707-1, where the natural or legal person ordered to pay a sum of money or compensation has his or her habitual residence or registered office in a Member State of the European Union or possesses assets or income there, the public prosecutor may request enforcement of the financial penalty from the competent authority of the State in which the sentenced person…

The Public Prosecutor shall transmit the financial penalty and its certificate to the competent authority of a single State of enforcement at a time, in accordance with the procedures laid down in article D. 48-11. It notifies the national criminal record office when it is informed, by the competent authority of the executing State, of the payment of the financial penalty.

This transmission prohibits the enforcement of the financial penalty on the territory of the Republic. However, the Public Prosecutor resumes the option of enforcing the financial penalty as soon as the executing State informs him of the non-recognition or non-application of the financial penalty, or of the total or partial non-enforcement of that penalty.

Notwithstanding the provisions of the second paragraph of Article D. 48-14, the public prosecutor may not resume enforcement of the pecuniary penalty if the non-recognition of the penalty is based on the ground that the sentenced person has already been finally judged by the judicial authorities of the enforcing State or by those of a State other than the enforcing State, provided, in the case of a sentence, that the…

If, after transmission of a financial penalty, the sentenced person voluntarily pays a sum of money in respect of that penalty, the Public Prosecutor shall inform the competent authority of the State of enforcement thereof without delay by any means which leaves a written record, so that the amount recovered in France is deducted in full from the amount of the financial penalty being enforced in the State of enforcement.

The Public Prosecutor shall immediately inform the competent authority of the executing State by any means which leaves a written record of any decision or measure which has the effect of depriving the financial penalty of its enforceability or of removing its enforcement from that State, in particular in the event of an amnesty, pardon or review of the sentence.