Title XXIX: Special seizures

The public prosecutor, the investigating judge or, with their authorisation, the judicial police officer may request the assistance of any qualified person to carry out the acts necessary for the seizure and preservation of the property referred to in this Title.

Until the seized property is released or confiscated, the owner or, failing this, the holder of the property is responsible for its maintenance and preservation. He/she shall bear the cost, with the exception of costs that may be borne by the State. In the event of default or unavailability of the owner or holder of the property, and subject to the rights of bona fide third parties, the public prosecutor…

The magistrate who ordered or authorised the seizure of property or the examining magistrate in the event of a judicial investigation being opened after the seizure is made shall have jurisdiction to rule on all requests relating to the execution of the seizure, without prejudice to the provisions relating to the destruction and disposal of property seized during the investigation or examination provided for in Articles 41-5 and 99-2. Where…

No one may validly dispose of property seized in criminal proceedings except in the cases provided for in articles 41-5 and 99-2 and this chapter. From the date on which it becomes enforceable and until it is released or the seized property is confiscated, the criminal seizure suspends or prohibits all civil enforcement proceedings against the property that is the subject of the criminal seizure. For the purposes of this…

If it is not necessary to maintain the seizure of the property in due form, a creditor with an enforceable title establishing a liquid and payable claim may be authorised, under the conditions provided for in Article 706-144, to initiate or resume civil enforcement proceedings against the property, in accordance with the rules applicable to such proceedings. However, the property may not then be sold out of court and the…

Measures ordered pursuant to this Title shall apply even where they are ordered after the date of cessation of payments and notwithstanding the provisions of article L. 632-1 of the French Commercial Code.