Where the person against whom the order has been issued is able to show that the confiscation has been enforced, in whole or in part, in another State, the Public Prosecutor shall consult the competent authority of the issuing State by any appropriate means. Any part of the amount recovered pursuant to the confiscation order in another State shall be deducted in full from the amount to be recovered.
The Public Prosecutor’s Office shall terminate the enforcement of the confiscation order as soon as it is informed of any decision or measure that has the effect of depriving the order of its enforceability or of removing the enforcement of the order from the French judicial authorities.
Where the decision is amnestied under French law or is the subject of a pardon granted in France, the Public Prosecutor shall terminate the enforcement of the confiscation order and shall inform the competent authority of the issuing State thereof as soon as possible by any means that leaves a written record.
For the application of Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders, the competent authorities referred to in Articles 8 and 9 of Article 2 of the same Regulation are as follows: 1° The issuing authority for confiscation orders handed down by French courts is the public prosecutor’s office of the court that…
This shall be done under the conditions provided for in Article 713-29 of this code for the application of Article 33 of Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders.
In the absence of an international convention providing otherwise, the articles 713-37 to 713-40 shall apply to the enforcement of confiscation orders issued by foreign judicial authorities for the confiscation of movable or immovable property, of whatever kind, which has served or was intended for the commission of the offence or which appears to be the direct or indirect product thereof, as well as any property the value of which…
Without prejudice to the application of Article 694-4, execution of the confiscation shall be refused: 1° If the facts giving rise to the request do not constitute an offence under French law; 2° If the property to which it relates is not liable to confiscation under French law; 3° If the foreign decision was handed down under conditions that do not offer sufficient guarantees with regard to the protection of…
Enforcement of confiscation ordered by a foreign judicial authority pursuant to Article 713-36 is authorised by the criminal court, at the request of the public prosecutor. Enforcement is authorised on condition that the foreign decision is final and enforceable under the law of the requesting State. Authorisation of enforcement may not have the effect of prejudicing the rights lawfully constituted in favour of third parties, pursuant to French law, in…
If it deems it useful, the criminal court will hear, if necessary by rogatory commission, the owner of the seized property, the convicted person and any person with rights to the property that was the subject of the foreign confiscation order. The persons mentioned in the previous paragraph may be represented by a lawyer. The criminal court is bound by the findings of fact in the foreign decision. If these…
The execution on the territory of the Republic of a confiscation order issued by a foreign court entails the transfer to the French State of ownership of the confiscated property, unless otherwise agreed with the requesting State. Property thus confiscated may be sold in accordance with the provisions of the Code du domaine de l’Etat. The costs of enforcing the confiscation order shall be deducted from the total amounts recovered….
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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