Where the confiscation order relates to a sum of money and the competent authority of the executing State has substituted confiscation of property, consent to the transfer of that property shall be given by the Minister of Justice.
The Public Prosecutor’s Office of the court which ordered the confiscation of property shall immediately inform the competent authority of the executing State, by any means which leaves a written record, of any fact which has the effect of either depriving the order of its enforceability or removing its execution from the executing State, or of modifying the execution of the order. Where the confiscation order has been partially enforced,…
The criminal court, at the request of the public prosecutor, has jurisdiction to rule on the enforcement of a confiscation order issued by a court in another Member State.
The confiscation order and certificate shall be sent in accordance with the procedures set out in Article 713-4 or sent to the public prosecutor at the criminal court with territorial jurisdiction, either directly or via the public prosecutor. The criminal court with territorial jurisdiction is that of the place where any of the confiscated assets are located or, failing that, the Paris criminal court. If the public prosecutor to whom…
The public prosecutor, with his opinion, refers the request for recognition and enforcement of the confiscation order to the criminal court.
After ensuring that the request is in order, the criminal court will rule without delay on the enforcement of the confiscation order.
If it deems it useful, the criminal court will hear the convicted person and any person with rights to the property that has been confiscated, if necessary by means of a rogatory commission. These persons may be represented by a lawyer.
The criminal court may stay the proceedings where it deems it necessary to translate the decision or where the property is already subject either to a seizure or freezing measure or to a final confiscation order in the context of other proceedings. When it stays proceedings, the criminal court may order seizure measures in accordance with the procedures set out in Article 484-1. In the event of a stay of…
As soon as the reason for the stay of proceedings no longer exists, the criminal court will rule on the enforcement of the confiscation order. The public prosecutor shall inform the competent authority of the issuing State by any means that leaves a written record.
Where the criminal court considers refusing to enforce a confiscation order on the basis of one of the grounds referred to in 1°, 3° and 7° of article 713-20 or article 713-22, it shall, before taking a decision, notify the competent authority of the issuing State and give it an opportunity to comment.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
