However, if the public prosecutor has reason to believe that the confiscation of a specific item of property involves action in several States, or that one or more items covered by the confiscation order are located in different States, he or she shall transmit the confiscation order and the certificate to the competent authorities of those States.
If the confiscation order concerns a sum of money, the Public Prosecutor shall forward it, together with the certificate, to the competent authority of the State in which he has reason to believe that the natural or legal person possesses property or income. However, the Public Prosecutor may send the confiscation order to several States where, for particular reasons, he considers it necessary to do so. The total amount of…
If there is no means of determining the State in which the assets or income of the person against whom the order has been issued are located, the public prosecutor shall transmit the confiscation order and the certificate to the competent authority of the State in which the person concerned has his habitual residence or registered office.
Where the confiscation order relates to a sum of money and the competent authority of the executing State has substituted confiscation of property, consent to the transfer of that property shall be given by the Minister of Justice.
The Public Prosecutor’s Office of the court which ordered the confiscation of property shall immediately inform the competent authority of the executing State, by any means which leaves a written record, of any fact which has the effect of either depriving the order of its enforceability or removing its execution from the executing State, or of modifying the execution of the order. Where the confiscation order has been partially enforced,…
The criminal court, at the request of the public prosecutor, has jurisdiction to rule on the enforcement of a confiscation order issued by a court in another Member State.
The confiscation order and certificate shall be sent in accordance with the procedures set out in Article 713-4 or sent to the public prosecutor at the criminal court with territorial jurisdiction, either directly or via the public prosecutor. The criminal court with territorial jurisdiction is that of the place where any of the confiscated assets are located or, failing that, the Paris criminal court. If the public prosecutor to whom…
The public prosecutor, with his opinion, refers the request for recognition and enforcement of the confiscation order to the criminal court.
After ensuring that the request is in order, the criminal court will rule without delay on the enforcement of the confiscation order.
If it deems it useful, the criminal court will hear the convicted person and any person with rights to the property that has been confiscated, if necessary by means of a rogatory commission. These persons may be represented by a lawyer.
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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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