In application of the last paragraph of Article 131-21 of the Criminal Code, where the Criminal Court or the Criminal Appeals Chamber may order the confiscation of property over which a person other than the accused has a right of ownership, including in the case of the defendant’s spouse and where the property forms part of the community, and where this title is known or where this person has claimed this status in the course of the proceedings, the Public Prosecutor shall notify this person by any means of the date of the hearing, at least ten days before it takes place. This ten-day period does not apply if the case is referred to the court under the immediate appearance procedure.
This notice informs the person that the confiscation of this property may be ordered and that he or she has the right to present his or her observations at the hearing in person or through a lawyer, where applicable in accordance with the procedures set out in the third paragraph, in order to assert the right he or she is claiming and his or her good faith. The notice specifies that the person concerned must, if necessary, provide proof of title.
These observations may be made in a written document delivered to the clerk’s office of the criminal court and recorded by the clerk either before the hearing or during the hearing, or sent to the court clerk’s office by registered letter with acknowledgement of receipt received at least 24 hours before the date of the hearing.
If the property had been placed in legal custody, the person may request its return pursuant to article 479. It can then claim to have access only to the documents in the proceedings relating to the seizure of this property.
If the confiscation of the property is ordered by the court, the person is informed by any means of this decision and, when it has become final, he or she may request the return of this property pursuant to article 710.
The provisions of this article do not apply to the compulsory confiscation of objects classified as dangerous or harmful by law or regulation, or the possession of which is unlawful.
It is not necessary to notify the person mentioned in the first paragraph of the date of the hearing in accordance with the provisions of this article if that person is summoned as a witness before the criminal court. In this case, during the hearing, the president will remind the person that he or she may comment on the confiscation sentence that may be handed down.