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Article 713-38 of the French Code of Criminal Procedure

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…

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Article 713-39 of the French Code of Criminal Procedure

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…

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Article 713-40 of the French Code of Criminal Procedure

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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