If the investigation relates to an offence punishable by at least five years’ imprisonment, the liberty and custody judge may, at the request of the public prosecutor, order by reasoned decision the seizure, at the advanced expense of the Treasury, of the property for which confiscation is provided pursuant to the fifth and sixth paragraphs of article 131-21 of the Criminal Code when the law punishing the crime or offence so provides or when the origin of the property cannot be established. The examining magistrate may, at the request of the public prosecutor or ex officio after consulting the public prosecutor’s office, order this seizure under the same conditions.
The decision taken pursuant to the first paragraph is notified to the Public Prosecutor, the owner of the seized property and, if known, any third parties with rights in the property, who may refer it to the Investigating Chamber by declaration at the court registry within ten days of notification of the decision. This appeal does not have suspensive effect. The appellant is only entitled to have the documents relating to the seizure that he is challenging made available to him. If they are not appellants, the owner of the property and third parties may nevertheless be heard by the investigating chamber, without however being able to claim that the proceedings will be made available.