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Chapter II: Issuing and enforcing financial penalties pursuant to the Framework Decision of the Council of the European Union of 24 February 2005

Article D48-6 of the French Code of Criminal Procedure

The financial penalties that may be enforced pursuant to the fifth paragraph of Article 707-1 are those resulting from a decision, taken by the competent authority of a Member State of the European Union, known as the issuing State, imposing, definitively, on a natural or legal person the payment of a : 1° sum of money imposed as a sentence for an offence; 2° compensation awarded to victims where they…

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Article D48-7 of the French Code of Criminal Procedure

Financial penalties imposed by: 1° A court of the issuing State in respect of a criminal offence under the law of that State; 2° An authority of the issuing State other than a court in respect of a criminal offence under the law of that State, provided that the person concerned has had the opportunity to have the case brought before a court having jurisdiction, in particular in criminal matters…

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Article D48-8 of the French Code of Criminal Procedure

Financial penalties may be transmitted, for the purpose of enforcement, to any Member State of the European Union in which the sentenced person has his habitual residence, possesses property or income, or has his registered office. The Public Prosecutor shall be competent, in accordance with the rules and under the conditions determined by this Chapter, to transmit a financial penalty to the competent authorities of the other Member States of…

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Article D48-9 of the French Code of Criminal Procedure

Any financial penalty shall be accompanied by a certificate issued by the authority competent to enforce financial penalties, containing the following particulars: 1° Identification of the authority which imposed the financial penalty and of the authority competent to enforce that financial penalty in the issuing State; 2° Identification of the central authority competent to transmit and receive financial penalties, where such an authority has been designated; 3° The nature and…

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Article D48-11 of the French Code of Criminal Procedure

The financial penalty or a certified copy thereof and the certificate shall, subject to the provisions of the second subparagraph, be forwarded directly by the competent authority of the issuing State to the competent authority of the executing State by any means which leaves a written record under conditions allowing the latter authority to verify their authenticity. Where a Member State of the European Union has made a declaration to…

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Article D48-12 of the French Code of Criminal Procedure

Under the provisions of the fifth paragraph of Article 707-1, where the natural or legal person ordered to pay a sum of money or compensation has his or her habitual residence or registered office in a Member State of the European Union or possesses assets or income there, the public prosecutor may request enforcement of the financial penalty from the competent authority of the State in which the sentenced person…

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Article D48-13 of the French Code of Criminal Procedure

The Public Prosecutor shall transmit the financial penalty and its certificate to the competent authority of a single State of enforcement at a time, in accordance with the procedures laid down in article D. 48-11. It notifies the national criminal record office when it is informed, by the competent authority of the executing State, of the payment of the financial penalty.

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Article D48-14 of the French Code of Criminal Procedure

This transmission prohibits the enforcement of the financial penalty on the territory of the Republic. However, the Public Prosecutor resumes the option of enforcing the financial penalty as soon as the executing State informs him of the non-recognition or non-application of the financial penalty, or of the total or partial non-enforcement of that penalty.

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Article D48-15 of the French Code of Criminal Procedure

Notwithstanding the provisions of the second paragraph of Article D. 48-14, the public prosecutor may not resume enforcement of the pecuniary penalty if the non-recognition of the penalty is based on the ground that the sentenced person has already been finally judged by the judicial authorities of the enforcing State or by those of a State other than the enforcing State, provided, in the case of a sentence, that the…

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