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Article 706-139 of the French Code of Criminal Procedure

The disregard by the person who has been the subject of the prohibitions provided for in Article 706-136 or the obligation of care provided for in l’article 706-136-1 is punishable, subject to the provisions of the first paragraph of Article 122-1 of the Criminal Code, to two years’ imprisonment and a fine of €30,000.

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Article 706-139-1 of the French Code of Criminal Procedure

When an investigation is referred to the investigating judge on the basis of articles 221-5-6,222-18-4or 222-26-2 of the Criminal Code and decides to refer the person under investigation to the trial court on the basis of these offences, it is required, in its settlement order, to declare in advance, pursuant to the first paragraph of Article 122-1 of the same code, that she is not criminally responsible for acts committed…

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Article 706-139-2 of the French Code of Criminal Procedure

Where, pursuant to Article 351 of this Code, the question of the application of the first paragraph of Article 122-1 of the Criminal Code in relation to an accused charged with murder, assassination, torture or acts of barbarism, violence or rape, the President asked the subsidiary question relating to the qualifications provided for in Articles 221-5-6,222-18-4or 222-26-2 of the same code if it appears that the abolition of the person’s…

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Article 706-141 of the French Code of Criminal Procedure

This Title shall apply, in order to ensure the enforcement of the additional penalty of confiscation under the conditions defined in article 131-21 du code pénal, to seizures carried out in application of this code when they relate to all or part of a person’s property, to immovable property, to intangible movable property or rights or to a claim, as well as to seizures that do not result in dispossession…

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Article 706-143 of the French Code of Criminal Procedure

Until the seized property is released or confiscated, the owner or, failing this, the holder of the property is responsible for its maintenance and preservation. He/she shall bear the cost, with the exception of costs that may be borne by the State. In the event of default or unavailability of the owner or holder of the property, and subject to the rights of bona fide third parties, the public prosecutor…

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Article 706-144 of the French Code of Criminal Procedure

The magistrate who ordered or authorised the seizure of property or the examining magistrate in the event of a judicial investigation being opened after the seizure is made shall have jurisdiction to rule on all requests relating to the execution of the seizure, without prejudice to the provisions relating to the destruction and disposal of property seized during the investigation or examination provided for in Articles 41-5 and 99-2. Where…

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Article 706-145 of the French Code of Criminal Procedure

No one may validly dispose of property seized in criminal proceedings except in the cases provided for in articles 41-5 and 99-2 and this chapter. From the date on which it becomes enforceable and until it is released or the seized property is confiscated, the criminal seizure suspends or prohibits all civil enforcement proceedings against the property that is the subject of the criminal seizure. For the purposes of this…

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