Legislative part

The criminal court may stay the proceedings where it deems it necessary to translate the decision or where the property is already subject either to a seizure or freezing measure or to a final confiscation order in the context of other proceedings. When it stays proceedings, the criminal court may order seizure measures in accordance with the procedures set out in Article 484-1. In the event of a stay of…

As soon as the reason for the stay of proceedings no longer exists, the criminal court will rule on the enforcement of the confiscation order. The public prosecutor shall inform the competent authority of the issuing State by any means that leaves a written record.

Where the criminal court considers refusing to enforce a confiscation order on the basis of one of the grounds referred to in 1°, 3° and 7° of article 713-20 or article 713-22, it shall, before taking a decision, notify the competent authority of the issuing State and give it an opportunity to comment.

Without prejudice to the application of Article 694-4, enforcement of a confiscation order shall be refused in any of the following cases: 1° If the certificate is not produced, if it is drawn up incompletely or if it manifestly does not correspond to the confiscation order; 2° If immunity prevents it or if the property, by its nature or status, cannot be subject to confiscation under French law ; 3°…

Notwithstanding the provisions of 5° of Article 713-20, the execution of the confiscation order may not, with regard to taxes or duties, customs and exchange, be refused on the grounds that French law does not provide for the same type of tax or duty or the same type of regulation with regard to taxes or duties, customs and exchange as the law of the issuing State.

Enforcement of a confiscation order may be refused in any of the following cases: 1° If the confiscation order is based on criminal proceedings relating to offences committed in whole or in part within the territory of the Republic; 2° If the confiscation order is based on criminal proceedings relating to offences which were committed outside the territory of the issuing State and French law does not authorise the prosecution…

Where the confiscation order relates to a sum of money expressed in a foreign currency, the criminal court converts the amount to be confiscated into euros at the exchange rate in force on the date on which the confiscation order was issued.

Subject to the provisions of the following four paragraphs, the criminal court may neither apply measures that would replace the confiscation order, nor modify the nature of the confiscated property or the amount subject to the confiscation order. Where the person concerned is able to provide proof of total or partial confiscation in another State, the criminal court, after consulting the competent authority of the issuing State, shall deduct in…

Reasons shall be given for any refusal to execute a confiscation order and the competent authority in the issuing State shall be notified without delay by any means capable of producing a written record.

Where the location of the property has not been indicated precisely enough in the certificate, the public prosecutor shall consult the competent authority of the issuing State. Where the property mentioned in the confiscation order has already been confiscated, has disappeared, has been destroyed or cannot be found at the location indicated in the certificate, or where the amount cannot be recovered and the person has no property on the…