Paragraph 4: Creation of security interests

Under Article 138, the investigating judge may order the person under investigation to set up, within a period that he or she determines, one or more personal or real sureties intended to guarantee the respective rights of identified or identifiable victims and the Public Treasury. The judge sets the period for which the security must be provided and the amount of the sum thus guaranteed. Where there are several identified…

If the investigating judge has decided that the surety or sureties will fully guarantee the rights of one or more civil parties, they shall be constituted for the benefit of those parties. If the investigating judge has decided that the surety or sureties will fully guarantee the representation of the person and the payment of fines, they shall be constituted for the benefit of the Treasury. If the investigating judge…

Where the securities guarantee, in part or in full, the rights of one or more victims who have not yet been identified or who have not yet brought a civil action, they shall be established in the name of a provisional beneficiary acting on behalf of these victims and, where applicable, the Public Treasury. The provisional beneficiary shall be chosen from among persons exercising an activity regulated by the public…

Within the time limit set by the examining magistrate, the person under investigation shall constitute and, where applicable, publish the security requested, in accordance with the laws and regulations applicable to such security. Such person may, however, ask the examining magistrate for additional time to constitute or publish the security, providing evidence of the formalities already completed for this purpose.

The deeds constituting the security established in the name of a provisional beneficiary and, where applicable, the deeds ensuring its publicity specify that the provisional beneficiary is acting either to guarantee the rights of the Public Treasury and those of the victim(s), or to guarantee the rights of the victim(s), depending on the decision taken by the investigating judge, whose references are mentioned in these deeds.

The documents attesting to the constitution and, where applicable, the publicity of the security shall be sent in triplicate, in original or copy, by the person under investigation to the clerk of the examining magistrate and shall be placed in the file of the proceedings.

Where a security interest has been granted, the judicial supervision order specifies that the person under investigation and, depending on the case, the provisional beneficiary, the Treasury or the civil party or parties involved in establishing the security interest must inform the examining magistrate of the disposal of the encumbered asset or the payment of compensation resulting from its destruction. If the investigation is completed, the information is communicated to…

When an event mentioned in article R. 24-6, the examining magistrate or the public prosecutor shall order the payment of the sums collected as security to the revenue agent under the conditions defined in articles R. 19 and R. 21. Depending on the initial decision that led to the creation of the security, it is indicated that these sums guarantee either exclusively the rights of the identified victims or, in…

Where a surety guarantees the representation of the person, the provisions of the second paragraph of Article 142-2 that if it is established, either in the sentencing judgment or in a decision handed down by the court referred to in Article 710, that the conditions set out in this paragraph have been met. The court then orders that the Directorate General of Public Finances proceed with the recovery of the…

In the event that the person prosecuted is definitively sentenced to pay damages, the public prosecutor shall send each of the civil parties a copy of the documents attesting to the constitution and, where applicable, the publication of the sureties. Where the sureties have been constituted in the name of a provisional beneficiary, the civil party or parties, definitive beneficiaries of the sureties established for their benefit, shall inform the…