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French Code of Criminal Procedure

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Article R15-35 of the French Code of Criminal Procedure

November 6, 2023

The natural person or legal entity, depending on whether it wishes to be authorised to carry out personality investigations within the jurisdiction of the judicial court or that of the court of appeal, shall make a request to the doyen of the investigating judges or to the president of the investigating chamber. The request made by an association shall include in particular: 1° A copy of the Journal officiel publishing…

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Article R15-37 of the French Code of Criminal Procedure

November 6, 2023

The general assembly of sitting and prosecuting magistrates of the court or court of appeal, on the report of the magistrate to whom the application is made, decides on the authorisation by a majority of its members present. The restricted committee of the general assembly of sitting and prosecuting magistrates, in the courts where its constitution is mandatory, exercises the powers mentioned in the previous paragraph. The authorised legal entity…

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Article R15-38 of the French Code of Criminal Procedure

November 6, 2023

In urgent cases, provisional authorisation, valid until the decision of the next general meeting or select committee, may be granted by the doyen of the examining magistrates, on the proposal or after the assent of the public prosecutor, or by the president of the examining chamber, on the proposal or after the assent of the public prosecutor.

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Article R15-39 of the French Code of Criminal Procedure

November 6, 2023

No person may be authorised who has been the subject of a conviction, incapacity or disqualification mentioned in bulletin no. 2 of the criminal record. When an association is considering a change to the list mentioned in 7° of Article R. 15-35 or to appoint a natural person who has not been personally authorised to carry out the tasks entrusted to the association, it must notify the public prosecutor. The…

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Article R15-40 of the French Code of Criminal Procedure

November 6, 2023

The authorisation may be withdrawn in accordance with the procedure set out in articles R. 15-36 and R. 15-37. The public prosecutor or the public prosecutor may, for the purposes of withdrawing authorisation, refer the matter to the general assembly of judges and prosecutors of the court, that of the court of appeal or the competent select committee, as the case may be. In urgent cases, the senior examining magistrate,…

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Article R15-41 of the French Code of Criminal Procedure

November 6, 2023

The civil party is required, pursuant to articles 88 and 88-1, to deposit at the court registry, unless exempted, within the time limit set by the investigating judge, on pain of inadmissibility, a sum to guarantee payment of the civil fine that may be ordered against him or her on the basis of the Article 91 of the Code of Criminal Procedure. The sum deposited is returned to the civil…

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Article R15-41-1 of the French Code of Criminal Procedure

November 6, 2023

Under the provisions of the second paragraph of Article 99-2, movable property placed in the hands of the court shall be sold and, where applicable, the proceeds of the sale shall be returned to the owner of the property in accordance with the procedures set out in this sub-section.

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Article R15-41-2 of the French Code of Criminal Procedure

November 6, 2023

Property placed in the hands of the law is handed over to the Agence de gestion et de recouvrement des avoirs saisis et confisqués (Agency for the Management and Recovery of Seized and Confiscated Assets), which disposes of it. The proceeds of the sale are paid to the Caisse des dépôts et consignations. This payment is recorded in a special register kept by the clerk of the judicial court.

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Article R15-41-3 of the French Code of Criminal Procedure

November 6, 2023

As soon as a decision to dismiss the case, acquit or acquit or a conviction that does not impose a confiscation order has become final, the public prosecutor of the court before which the investigation was conducted informs the owner of the property, by registered letter with acknowledgement of receipt, of the procedures for returning the proceeds of the sale. Within six months of this notification, the request for restitution…

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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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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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