Section 3: Mutual assistance for the purpose of seizing the proceeds of an offence with a view to their subsequent confiscation

In the absence of an international convention stipulating otherwise, the articles 694-11 to 694-13 shall apply to requests for mutual assistance from the competent foreign authorities for the seizure, with a view to their subsequent confiscation, movable or immovable property, whatever its nature, which was used or intended to be used to commit the offence or which appears to be the direct or indirect proceeds of the offence, as well…

Without prejudice to the application of Article 694-4, the request submitted under Article 694-10 is rejected if one of the grounds for refusal mentioned in article 713-37 already appears to have been established.

The execution on the territory of the Republic of seizures that are the subject of a request made by a foreign judicial authority, pursuant to an international agreement, shall be ordered, at the advanced expense of the Treasury and in accordance with the terms of this Code, by the investigating judge at the request of or following the opinion of the public prosecutor.

Refusal to authorise enforcement of the confiscation order issued by the foreign court automatically entails release of the seizures ordered, at the Treasury’s expense. The same applies if the foreign proceedings have been terminated.