This shall be done under the conditions provided for in Article 713-29 of this code for the application of Article 33 of Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders.
In the absence of an international convention providing otherwise, the articles 713-37 to 713-40 shall apply to the enforcement of confiscation orders issued by foreign judicial authorities for the confiscation of movable or immovable property, of whatever kind, which has served or was intended for the commission of the offence or which appears to be the direct or indirect product thereof, as well as any property the value of which…
Without prejudice to the application of Article 694-4, execution of the confiscation shall be refused: 1° If the facts giving rise to the request do not constitute an offence under French law; 2° If the property to which it relates is not liable to confiscation under French law; 3° If the foreign decision was handed down under conditions that do not offer sufficient guarantees with regard to the protection of…
Enforcement of confiscation ordered by a foreign judicial authority pursuant to Article 713-36 is authorised by the criminal court, at the request of the public prosecutor. Enforcement is authorised on condition that the foreign decision is final and enforceable under the law of the requesting State. Authorisation of enforcement may not have the effect of prejudicing the rights lawfully constituted in favour of third parties, pursuant to French law, in…
If it deems it useful, the criminal court will hear, if necessary by rogatory commission, the owner of the seized property, the convicted person and any person with rights to the property that was the subject of the foreign confiscation order. The persons mentioned in the previous paragraph may be represented by a lawyer. The criminal court is bound by the findings of fact in the foreign decision. If these…
The execution on the territory of the Republic of a confiscation order issued by a foreign court entails the transfer to the French State of ownership of the confiscated property, unless otherwise agreed with the requesting State. Property thus confiscated may be sold in accordance with the provisions of the Code du domaine de l’Etat. The costs of enforcing the confiscation order shall be deducted from the total amounts recovered….
For the purposes of this section, the competent criminal court is that of the place where one of the assets that is the subject of the claim is located or, failing that, the Paris criminal court.
The person sentenced to home detention under electronic surveillance is placed under the supervision of the sentence enforcement judge of the court in whose jurisdiction he or she is assigned. The provisions of articles 723-8 to 723-12 shall apply.
If the sentenced person has complied with the measures, obligations and prohibitions imposed on him for a period at least equal to half of the sentence imposed, his rehabilitation appears to have been achieved and no further monitoring appears to be necessary, the sentence enforcement judge may, of his own motion or at the request of the sentenced person, decide, by order made in accordance with the procedures set out…
In the event of non-compliance with the prohibitions or obligations imposed, notorious misconduct, a new conviction or refusal by the convicted person of a necessary change to the conditions of enforcement, the sentence enforcement judge may either limit his leave of absence or order the person to be imprisoned for the duration of the sentence still to be served. The decision is taken in accordance with the provisions of article…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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
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