Book IV: Some special procedures

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 the property or intangible rights the confiscation of which is provided for by the article 131-21 of the Penal Code. The examining magistrate may, in the course of the investigation, order this seizure…

As an exception to Article 706-153, the judicial police officer may be authorised, by any means, by the public prosecutor or by the investigating judge to seize, at the advanced expense of the Treasury, a sum of money paid into an account opened with an institution authorised by law to maintain deposit accounts or digital asset accounts mentioned in Article L. 54-10-1 of the Monetary and Financial Code. The liberty…

Where the seizure relates to a claim for a sum of money, the third party debtor must immediately deposit the sum due with the Caisse des dépôts et consignations or with the Agence de gestion et de recouvrement des avoirs saisis et confisqués (Agency for the Management and Recovery of Seized and Confiscated Assets) where the latter has been seized. However, in the case of conditional or term debts, the…

The seizure of shares, transferable securities, financial instruments or other intangible assets or rights shall be notified to the issuer. Where applicable, the financial intermediary mentioned in 2° to 7° of Article L. 542-1 of the Monetary and Financial Code and the registered intermediary mentioned in the Article L. 228-1 of the French Commercial Code.

The seizure of a business is enforceable against third parties from the time of its entry, at the advanced expense of the Treasury, in a register, in accordance with the procedures determined by decree in the Conseil d’Etat. The formalities for this publication are carried out, on behalf of the public prosecutor, the investigating judge or the trial court, by the Agency for the Management and Recovery of Seized and…