A freezing order may be issued in respect of any movable or immovable property, whether tangible or intangible, and any legal instrument or document evidencing title to or interest in such property, which the judicial authority of the issuing State considers to be the proceeds of an offence or to correspond in whole or in part to the value of such proceeds, or to be the instrument or object of…
Any decision to freeze assets shall be accompanied by a certificate issued by the judicial authority that ordered the measure and containing the following information: 1° Identification of the judicial authority that issued, validated or confirmed the freezing order and of the authority competent to execute the said order in the issuing State, if different from the issuing authority; 2° (Repealed) 3° The date and purpose of the freezing order;…
The property freezing order shall be accompanied by a request for enforcement of an order for confiscation of the property. Failing this, the certificate shall contain an instruction to retain the property in the executing State until receipt of the request referred to in the previous paragraph and shall mention the likely date on which such a request will be made. The request shall be transmitted by the issuing State…
The certificate must be translated into the official language or one of the official languages of the executing State or into one of the official languages of the institutions of the European Communities accepted by that State.
The freezing order and the certificate shall, subject to the provisions of the second paragraph, be transmitted directly by the judicial authority of the issuing State to the judicial authority of the executing State, by any means which leaves a written record and under conditions allowing the latter authority, to verify their authenticity. Where a Member State of the European Union has made a declaration to that effect, the freezing…
The public prosecutor, the investigating courts, the liberty and custody judge and the trial courts, which are competent under the provisions of this code to order the seizure of property, are competent to issue, in the same cases and under the same conditions, freezing orders relating to property or evidence located on the territory of another Member State of the European Union and to draw up the certificates relating to…
The freezing order issued by an investigating judge shall be forwarded by the latter, together with his certificate, to the judicial authority of the executing State, in accordance with the procedures laid down in Article 695-9-6. In other cases, the decision and the certificate are forwarded by the Public Prosecutor’s Office to the court that issued them.
Decisions releasing the freezing order shall be transmitted without delay, in accordance with the procedures laid down in article 695-9-8, to the judicial authority of the executing State.
The investigating judge is competent to rule on requests to freeze assets as well as to execute them.
The freezing order and the certificate issued by the judicial authority of the issuing State shall be transmitted, in accordance with the procedures laid down in article 695-9-6, to the territorially competent investigating judge, if necessary via the public prosecutor or the public prosecutor. The investigating judge with territorial jurisdiction is that of the place where any of the assets that are the subject of the freezing request are located…
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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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