The court shall sentence the offender or the person civilly liable pursuant to Article 470-1 to pay the civil party the sum it determines, in respect of costs not paid by the State and incurred by the civil party. The parties may produce proof of the sums they request and the court shall take into account the fairness or economic situation of the convicted party. It may, even of its…
The accused, the civil party or the person civilly liable, may claim from the court hearing the prosecution the restitution of objects placed in the hands of justice. The court may order this restitution ex officio.
Any person other than the accused, the civil party or the person civilly liable who claims to have a right to objects placed in the hands of the law may also claim their return from the court hearing the prosecution. Only the reports relating to the seizure of the objects may be communicated to it. The court shall rule by separate judgment, the parties heard. .
If the court grants restitution, it may take any precautionary measures to ensure the representation of the returned objects until a final decision on the merits.
Persons convicted of the same offence shall be jointly and severally liable for restitution and damages. In addition, the court may, by special reasoned decision, order that an accused person who has surrounded himself with insolvent co-perpetrators or accomplices shall be jointly and severally liable for fines.
If the court considers that the items placed in the hands of the justice system are useful in establishing the truth or are liable to confiscation, it shall stay the proceedings until it has reached a decision on the merits. In this case, the judgment is not subject to appeal. The court may refuse restitution where it presents a danger to persons or property or where the property seized is…
A judgment rejecting an application for restitution may be appealed against by the person who made the application. A judgment granting restitution may be appealed against by the public prosecutor and by the defendant, the person civilly liable, or the civil party aggrieved by the decision. The matter may only be referred to the court after the court has ruled on the merits.
When the Court of Appeal is seised of the merits of the case, it has jurisdiction to rule on restitution under the conditions set out in articles 478 to 481. The Court of Appeal may refuse restitution where it presents a danger to persons or property.
In the event of a sentence of confiscation relating to property that is not in the hands of the law, the criminal court may, in order to guarantee the execution of this sentence, order the seizure, at the advanced expense of the Treasury, of the confiscated property. The court may also authorise the handover to the Agency for the Management and Recovery of Seized and Confiscated Assets, with a view…
Every judgment must contain reasons and a disposition. The grounds form the basis of the decision. The operative part sets out the offences of which the persons cited are found guilty or liable as well as the penalty, the texts of the law applied, and the civil convictions. The judgment is read out by the president or by one of the judges; this reading may be limited to the operative…
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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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