The certificate must be translated into the official language or one of the official languages of the executing State or into one of the official languages of the institutions of the European Communities accepted by that State.
The freezing order and the certificate shall, subject to the provisions of the second paragraph, be transmitted directly by the judicial authority of the issuing State to the judicial authority of the executing State, by any means which leaves a written record and under conditions allowing the latter authority, to verify their authenticity. Where a Member State of the European Union has made a declaration to that effect, the freezing…
The public prosecutor, the investigating courts, the liberty and custody judge and the trial courts, which are competent under the provisions of this code to order the seizure of property, are competent to issue, in the same cases and under the same conditions, freezing orders relating to property or evidence located on the territory of another Member State of the European Union and to draw up the certificates relating to…
The freezing order issued by an investigating judge shall be forwarded by the latter, together with his certificate, to the judicial authority of the executing State, in accordance with the procedures laid down in Article 695-9-6. In other cases, the decision and the certificate are forwarded by the Public Prosecutor’s Office to the court that issued them.
Decisions releasing the freezing order shall be transmitted without delay, in accordance with the procedures laid down in article 695-9-8, to the judicial authority of the executing State.
The investigating judge is competent to rule on requests to freeze assets as well as to execute them.
The freezing order and the certificate issued by the judicial authority of the issuing State shall be transmitted, in accordance with the procedures laid down in article 695-9-6, to the territorially competent investigating judge, if necessary via the public prosecutor or the public prosecutor. The investigating judge with territorial jurisdiction is that of the place where any of the assets that are the subject of the freezing request are located…
Before taking a decision, the investigating judge to whom a freezing request is referred directly shall forward it to the public prosecutor for an opinion. The public prosecutor who receives a freezing request directly shall forward it for execution, with his opinion, to the investigating judge. In the case provided for in Article 694-4, the public prosecutor shall refer the matter to the public prosecutor.
After ensuring that the request is in order, the investigating judge shall decide on the execution of the freezing order as soon as possible and, if possible, within twenty-four hours of receipt of the said order. He shall immediately execute or cause to be executed the freezing order. He shall immediately inform the judicial authority of the issuing State of the execution of the freezing order by any means that…
Decisions to freeze property ordered for the purpose of subsequent confiscation shall be executed, at the advanced expense of the Treasury, in accordance with the procedures laid down in this Code. .
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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