Book IV: Some special procedures

Notwithstanding the provisions of 4° of Article 695-9-17, execution of the freezing order may not, with regard to taxes or duties, customs and exchange, be refused on the grounds that French law does not provide for the same type of tax or duty or the same type of regulation with regard to taxes or duties, customs and exchange as the law of the issuing State.

Reasons shall be given for any refusal to execute an order freezing property or evidence. It shall be notified without delay to the judicial authority of the issuing State by any means that leaves a written record. Where it is impossible to execute the freezing order because the property has disappeared, has been destroyed, has not been found at the location indicated in the certificate or it has not been…

The execution of a freezing order may be deferred: 1° Where it is likely to prejudice an ongoing criminal investigation; 2° Where any of the property in question has already been the subject of a freezing or seizure order in criminal proceedings; 3° Where the freezing order is made with a view to the subsequent confiscation of property and that property is already the subject of a freezing or seizure…

As soon as the reason for the postponement no longer exists, the investigating judge shall proceed with the execution of the freezing order, under the conditions provided for in article 695-9-13.

The person who holds the property that is the subject of the freezing order or any other person who claims to have a right to the said property may, by means of a request delivered to the registry of the investigating division of the territorially competent court of appeal within ten days of the date on which the decision in question was enforced, lodge an appeal against the latter. The…

The person concerned by the freezing order may also enquire, at the registry of the investigating judge, about the avenues of appeal against the freezing order available in the issuing State and mentioned in the certificate. .

The Public Prosecutor shall inform the judicial authority of the issuing State of any appeal lodged and of the grounds raised, so that that authority may submit its observations, where appropriate by means of the telecommunications facilities provided for in Article 706-71. It shall inform the victim of the results of this action. .

Where the request has been made with a view to the subsequent confiscation of the property, it shall be retained on French territory in accordance with the rules of this Code. If the investigating judge, in application of these rules, considers not to retain the property, he shall notify the judicial authority of the issuing State and give it an opportunity to comment before taking his decision. .

The investigating magistrate shall inform the judicial authority of the issuing State of any other freezing or seizure measure of which the property concerned by the freezing order is the subject.

Release of all or part of the freezing order may be requested by any interested person. When the investigating judge considers, of his own motion or at the request of any interested person, releasing the freezing order, he shall notify the judicial authority of the issuing State and give it an opportunity to comment. Release of the freezing order by the judicial authority of the issuing State automatically entails, at…