Section 1: Transmission and enforcement of confiscation orders pursuant to the Framework Decision of the Council of the European Union of 6 October 2006

Without prejudice to the application of Article 694-4, enforcement of a confiscation order shall be refused in any of the following cases: 1° If the certificate is not produced, if it is drawn up incompletely or if it manifestly does not correspond to the confiscation order; 2° If immunity prevents it or if the property, by its nature or status, cannot be subject to confiscation under French law ; 3°…

Notwithstanding the provisions of 5° of Article 713-20, the execution of the confiscation 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.

Enforcement of a confiscation order may be refused in any of the following cases: 1° If the confiscation order is based on criminal proceedings relating to offences committed in whole or in part within the territory of the Republic; 2° If the confiscation order is based on criminal proceedings relating to offences which were committed outside the territory of the issuing State and French law does not authorise the prosecution…

Where the confiscation order relates to a sum of money expressed in a foreign currency, the criminal court converts the amount to be confiscated into euros at the exchange rate in force on the date on which the confiscation order was issued.

Subject to the provisions of the following four paragraphs, the criminal court may neither apply measures that would replace the confiscation order, nor modify the nature of the confiscated property or the amount subject to the confiscation order. Where the person concerned is able to provide proof of total or partial confiscation in another State, the criminal court, after consulting the competent authority of the issuing State, shall deduct in…

Reasons shall be given for any refusal to execute a confiscation order and the competent authority in the issuing State shall be notified without delay by any means capable of producing a written record.

Where the location of the property has not been indicated precisely enough in the certificate, the public prosecutor shall consult the competent authority of the issuing State. Where the property mentioned in the confiscation order has already been confiscated, has disappeared, has been destroyed or cannot be found at the location indicated in the certificate, or where the amount cannot be recovered and the person has no property on the…

The criminal court, at the request of the public prosecutor, may order, in accordance with the terms of article 484-1, the seizure of property when an appeal is lodged against the decision authorising the execution of the confiscation or when the execution of a confiscation order is deferred by the public prosecutor.

If several confiscation orders issued against the same person relate either to a sum of money and that person does not have sufficient assets in France for all the orders to be enforced, or to the same specific asset, the criminal court shall determine which confiscation order or orders are to be enforced, taking into account all the circumstances, including the possible existence of freezing measures relating to these assets…

The convicted person may appeal against the decision authorising the execution of the confiscation in France. The person who holds the property that is the subject of the confiscation order or any other person who claims to have a right to this property may, by means of a request delivered to the registry of the criminal appeals chamber with territorial jurisdiction within ten days of the date on which the…