Book V: Enforcement procedures

The confiscation order and certificate shall be sent in accordance with the procedures set out in Article 713-4 or sent to the public prosecutor at the criminal court with territorial jurisdiction, either directly or via the public prosecutor. The criminal court with territorial jurisdiction is that of the place where any of the confiscated assets are located or, failing that, the Paris criminal court. If the public prosecutor to whom…

The public prosecutor, with his opinion, refers the request for recognition and enforcement of the confiscation order to the criminal court.

After ensuring that the request is in order, the criminal court will rule without delay on the enforcement of the confiscation order.

If it deems it useful, the criminal court will hear the convicted person and any person with rights to the property that has been confiscated, if necessary by means of a rogatory commission. These persons may be represented by a lawyer.

The criminal court may stay the proceedings where it deems it necessary to translate the decision or where the property is already subject either to a seizure or freezing measure or to a final confiscation order in the context of other proceedings. When it stays proceedings, the criminal court may order seizure measures in accordance with the procedures set out in Article 484-1. In the event of a stay of…

As soon as the reason for the stay of proceedings no longer exists, the criminal court will rule on the enforcement of the confiscation order. The public prosecutor shall inform the competent authority of the issuing State by any means that leaves a written record.

Where the criminal court considers refusing to enforce a confiscation order on the basis of one of the grounds referred to in 1°, 3° and 7° of article 713-20 or article 713-22, it shall, before taking a decision, notify the competent authority of the issuing State and give it an opportunity to comment.

Without prejudice to the application of Article 694-4, enforcement of a confiscation order shall be refused in any of the following cases: 1° If the certificate is not produced, if it is drawn up incompletely or if it manifestly does not correspond to the confiscation order; 2° If immunity prevents it or if the property, by its nature or status, cannot be subject to confiscation under French law ; 3°…

Notwithstanding the provisions of 5° of Article 713-20, the execution of the confiscation 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.

Enforcement of a confiscation order may be refused in any of the following cases: 1° If the confiscation order is based on criminal proceedings relating to offences committed in whole or in part within the territory of the Republic; 2° If the confiscation order is based on criminal proceedings relating to offences which were committed outside the territory of the issuing State and French law does not authorise the prosecution…