Section 5: Issuing and enforcing freezing orders

The freezing order and the certificate issued by the judicial authority of the issuing State shall be transmitted, in accordance with the procedures laid down in article 695-9-6, to the territorially competent investigating judge, if necessary via the public prosecutor or the public prosecutor. The investigating judge with territorial jurisdiction is that of the place where any of the assets that are the subject of the freezing request are located…

Before taking a decision, the investigating judge to whom a freezing request is referred directly shall forward it to the public prosecutor for an opinion. The public prosecutor who receives a freezing request directly shall forward it for execution, with his opinion, to the investigating judge. In the case provided for in Article 694-4, the public prosecutor shall refer the matter to the public prosecutor.

After ensuring that the request is in order, the investigating judge shall decide on the execution of the freezing order as soon as possible and, if possible, within twenty-four hours of receipt of the said order. He shall immediately execute or cause to be executed the freezing order. He shall immediately inform the judicial authority of the issuing State of the execution of the freezing order by any means that…

Decisions to freeze property ordered for the purpose of subsequent confiscation shall be executed, at the advanced expense of the Treasury, in accordance with the procedures laid down in this Code. .

Enforcement of a freezing order may be refused if the certificate is not produced, is incomplete or clearly does not correspond to the freezing order. However, the investigating judge may set a time limit for the author of the order to produce, complete or rectify the certificate, accept an equivalent document or, if he considers that he has sufficient information, dispense the judicial authority of the issuing State from any…

Without prejudice to the application of Article 694-4, enforcement of a freezing order shall be refused in any of the following cases: 1° If immunity prevents it or if the property or evidence is unseizable under French law; 2° If it appears from the certificate that the freezing order is based on offences for which the person referred to in the said order has already been finally judged by the…

Notwithstanding the provisions of 4° of Article 695-9-17, execution of the freezing order may not, with regard to taxes or duties, customs and exchange, be refused on the grounds that French law does not provide for the same type of tax or duty or the same type of regulation with regard to taxes or duties, customs and exchange as the law of the issuing State.

Reasons shall be given for any refusal to execute an order freezing property or evidence. It shall be notified without delay to the judicial authority of the issuing State by any means that leaves a written record. Where it is impossible to execute the freezing order because the property has disappeared, has been destroyed, has not been found at the location indicated in the certificate or it has not been…

The execution of a freezing order may be deferred: 1° Where it is likely to prejudice an ongoing criminal investigation; 2° Where any of the property in question has already been the subject of a freezing or seizure order in criminal proceedings; 3° Where the freezing order is made with a view to the subsequent confiscation of property and that property is already the subject of a freezing or seizure…

As soon as the reason for the postponement no longer exists, the investigating judge shall proceed with the execution of the freezing order, under the conditions provided for in article 695-9-13.