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

The Public Prosecutor’s Office at the court that issued the ruling shall continue to enforce the confiscation authorisation order once it has become final in accordance with the procedures set out in Article 707 and shall inform the competent authority of the issuing State by any means that leaves a written record of the enforcement of the decision.

The Public Prosecutor may postpone the execution of a confiscation order in the following cases: 1° Where the confiscation order relates to a sum of money and the amount recovered is likely to exceed the amount specified in the confiscation order owing to its execution in several States; 2° Where the execution of the confiscation order is likely to prejudice an ongoing criminal investigation or proceedings. The public prosecutor who…

Property other than sums of money confiscated pursuant to the confiscation order may be sold in accordance with the provisions of the Code du domaine de l’Etat. The sums of money recovered and the proceeds of the sale of confiscated property are vested in the French State when the amount recovered is less than €10,000, and half in the French State and half in the issuing State in other cases….

Where the person against whom the order has been issued is able to show that the confiscation has been enforced, in whole or in part, in another State, the Public Prosecutor shall consult the competent authority of the issuing State by any appropriate means. Any part of the amount recovered pursuant to the confiscation order in another State shall be deducted in full from the amount to be recovered.

The Public Prosecutor’s Office shall terminate the enforcement of the confiscation order as soon as it is informed of any decision or measure that has the effect of depriving the order of its enforceability or of removing the enforcement of the order from the French judicial authorities.

Where the decision is amnestied under French law or is the subject of a pardon granted in France, the Public Prosecutor shall terminate the enforcement of the confiscation order and shall inform the competent authority of the issuing State thereof as soon as possible by any means that leaves a written record.