Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
The Code of Criminal Procedure is amended as follows:
1° The second paragraph of Article 54 is as follows:
"It ensures the preservation of clues that may disappear and all that can serve the manifestation of the truth. He seized the weapons and instruments that had been used to commit or intended to commit the crime and all that appeared to have been the direct or indirect product of that crime.”
2° Section 56 is amended as follows:
(a) The first paragraph is supplemented by a sentence as follows:
"The judicial police officer may also be transported to any place in which property is likely to be confiscated.Article 131-21 of the Criminal Codein order to carry out a search for the purpose of seizure of such property; if the search is carried out for the sole purpose of seeking and seizing property for which confiscation is provided for in the fifth and sixth preambular paragraphs of the same article, it must be previously authorized by the public prosecutor. » ;
(b) In the first sentence of the second paragraph, after the reference: "Article 57", the words "of this code" are inserted;
(c) The seventh paragraph is supplemented by the words: ", as well as property whose confiscation is provided for in theArticle 131-21 of the Criminal Code » ;
3° Section 76 is amended as follows:
(a) In the first paragraph, after the words: "constraints", the words are inserted: "or property whose confiscation is provided for in confiscationArticle 131-21 of the Criminal Code » ;
(b) In the third paragraph, after the references: “articles 56 and 59 (first paragraph)”, the words “of this code” are inserted;
(c) In the first sentence of the fourth paragraph, after the words "requires" are inserted the words "or if the search for property for which confiscation is provided for in theArticle 131-21 of the Criminal Code justifies it";
(d) The fourth sentence of the fourth paragraph is supplemented by the words: "or the seizure of property for which confiscation is provided for in theArticle 131-21 of the Criminal Code » ;
4° Section 94 is supplemented by the words: ", or property whose confiscation is provided for in theArticle 131-21 of the Criminal Code » ;
5° The fifth paragraph of Article 97 is supplemented by the words: ", as well as property for which confiscation is provided for inArticle 131-21 of the Criminal Code "
The same code is amended:
1° Section 706-103 is amended as follows:
(a) In the first paragraph, the words: "and the execution of confiscation" are deleted;
(b) In the second paragraph, the word: " seizures" is replaced by the word "measures";
(c) Is added a paragraph to read:
"This section applies without prejudice to the provisions of heading XXIX of this book. » ;
2° After Article 706-140, a title XXXI is inserted as follows:
« TITRE XXXI
« CONSERVER MEASURES
"Art. 706-166. - In the event of open information for one of the offences, punishable by a penalty equal to or greater than three years' imprisonment, set out in Title I of Book III of the Criminal Code, the judge of freedoms and detention, upon request of the prosecutor of the Republic, may, under the conditions and in the manner provided for in Article 706-103 of this Code, order interim measures on property, furniture or buildings,
"The conviction is valid for conservatory measures and allows the final registration of security rights.
"The decision of non-place, relax or acquittal takes full right, at Treasury expense, removed from the ordered measures. The same is true in the event of extinction of public action and civil action.
"For the purposes of this article, the judge of freedoms and detention is competent throughout the national territory.
"This section applies without prejudice to the provisions of heading XXIX of this book. » ;
3° The second paragraph of Article 866 is as follows:
"In the event of open information for any of the offences falling within the scope of sections 706-73 and 706-74 and in order to guarantee the payment of the fines incurred as well as, where applicable, the compensation of the victims, the president of the court of proceedings or a judge delegated by him, upon request of the prosecutor of the Republic, may order, at the advanced costs of the Treasury and in the manner prescribed by the civil enforcement proceedings » ;
4° After section 866, an article 866-1 is inserted as follows:
"Art. 866-1. - The first paragraph of Article 706-166 is as follows:
"In the event of open information for one of the offences, punishable by a penalty equal to or greater than three years' imprisonment, set out in Title I of Book III of the Criminal Code, the President of the Court of Instance or a judge delegated by him, upon request of the Attorney of the Republic, may, under the conditions and in the manner provided for in Article 706-103 of this Code, order interim measures on property, furniture or immovable »
After Article 706-140 of the same code, a title XXIX is inserted as follows:
« TITRE XXIX
« SPECIAL SAISIES
"Art. 706-141.-This Title applies in order to guarantee the enforcement of the additional confiscation penalty under the conditions defined in theArticle 131-21 of the Criminal Code, to seizures made under this code when they relate to all or part of the property of a person, to a real property, to an intangible property or property or to a debt, and to seizures that do not result in dispossession of the property.
“Chapter I
“Common provisions
"Art. 706-142.-The prosecutor of the Republic, the investigating judge or, with their authorization, the judicial police officer may require the assistance of any qualified person to perform the acts necessary for the seizure of the property referred to in this title and for their preservation.
"Art. 706-143.-Up to the release of the seizure or confiscation of the seized property, the owner or, failing that, the owner of the property is responsible for his maintenance and preservation. It supports the charge, with the exception of costs that can be borne by the State.
"In the event of failure or unavailability of the owner or owner of the property, and subject to the rights of the third parties in good faith, the prosecutor of the Republic or the investigating judge may authorize the handover to the Agency for the Management and Recovery of the seized and confiscated assets of the seized property whose advance sale is not envisaged so that the agency shall, within the limits of the mandate entrusted to it, carry out all legal acts and
"Every act that has the effect of transforming, substantially altering the property or reducing its value shall be subject to the prior authorization of the judge of freedoms and detention, upon request of the prosecutor of the Republic who ordered or authorized the seizure of the property, of the examining magistrate who ordered or authorized the seizure of the property or of the examining magistrate in the event of the opening of judicial information after the seizure.
"Art. 706-144.-The magistrate who ordered or authorized the seizure of property or the examining magistrate in the event of the opening of judicial information after the seizure shall be competent to rule on all requests relating to the execution of the seizure, without prejudice to the provisions relating to the destruction and alienation of the property seized during the investigation or investigation under Articles 41-5 and 99-2.
"When the decision does not fall within the purview of the public prosecutor, the opinion is sought beforehand.
"The appellant and the prosecutor of the Republic may, within ten days of notification of this decision, appeal the decision to the board of inquiry. This appeal is suspensive.
"Art. 706-145.-No person shall be entitled to dispose of the property seized in criminal proceedings except in the cases provided for in Articles 41-5 and 99-2 and in this chapter.
"From the date on which it becomes opposable and until its release or the confiscation of the property seized, criminal seizure suspends or prohibits any civil enforcement proceedings on the property subject to criminal seizure.
"For the purposes of this title, the creditor having initiated an enforcement procedure prior to the criminal seizure shall be deemed to have a security right in the property, taking place on the date on which the enforcement procedure became enforceable.
"Art. 706-146.-If the retention of the seizure of the property in the form is not necessary, a creditor with an enforceable title that determines a liquid and enforceable debt may be authorized, under the conditions provided for in Article 706-144, to initiate or resume a civil enforcement procedure on the property, in accordance with the rules applicable to these procedures. However, an amicable sale of the property cannot be made, and criminal seizure may be deferred to the sale of the sale price, after disinterest of creditors holding a security right who have previously taken up the date on which the criminal seizure has become enforceable. The balance of the proceeds of the sale is recorded. In the event of a classification without a suite, non-place or relax, or where the confiscation penalty is not imposed, the product is returned to the owner of the property if requested.
"In the event of a resumption of civil enforcement proceedings suspended by criminal seizure, formalities that have been regularly completed do not have to be repeated.
"Art. 706-147.-The measures ordered under this heading shall apply, including when ordered after the date of termination of payments and notwithstanding the provisions of Article L. 632-1 of the Commercial Code.
“Chapter II
« Seizures of heritage
"Art. 706-148.-If the investigation relates to an offence punishable by at least five years' imprisonment, the judge of freedoms and detention may, in the cases provided for in fifth and sixth paragraphs of section 131-21 of the Criminal Code and upon request of the public prosecutor, authorize, by order of reason, the seizure, at the advanced costs of the treasury, of all or part of the property, where the law that punishes the crime or offence provides for the confiscation of all or part of the property of the convicted person or where the origin of such property cannot be established. The investigating judge may, at the request of the public prosecutor or ex officio after notice of the public prosecutor, order the seizure under the same conditions.
"The order made pursuant to the first paragraph shall be notified to the Public Prosecutor's Office, the owner of the property seized and, if known, to third parties with rights to the property, who may return it to the Board of Investigation by declaration to the court office within ten days of notification of the order. This call is not suspensive. The owner of the property and third parties may be heard by the board of instruction. However, third parties cannot claim the availability of the proceedings.
"Art. 706-149.-The rules specific to certain types of property provided for in this title, excluding those relating to the decision to seizure, apply to property included in whole or in part in the property seized.
“Chapter III
“Real seizures
"Art. 706-150.-In the course of the flogging investigation or preliminary investigation, the judge of freedoms and detention, seized by request of the prosecutor of the Republic, may authorize, by order reasoned, the seizure, at the advanced costs of the treasury, of immovables whose confiscation is provided by the public prosecutorArticle 131-21 of the Criminal Code. The investigating judge may, in the course of the information, order the seizure under the same conditions.
"The order made pursuant to the first paragraph shall be notified to the Public Prosecutor's Office, the owner of the property seized and, if known, to third parties with rights to the property, who may return it to the Board of Investigation by declaration to the court office within ten days of notification of the order. This call is not suspensive. The owner of the property and third parties may be heard by the board of instruction. However, third parties cannot claim the availability of the proceedings.
"Art. 706-151. -The criminal seizure of a building is enforceable to third parties from the publication of the decision ordering the seizure in the mortgage office or, for the departments of Bas-Rhin, Haut-Rhin and Moselle, in the land book of the building's location. The formalities of this publication are carried out, on behalf of the public prosecutor or the investigating judge, by the Agency for the Management and Recovery of seized and confiscated assets.
"Up to the release of the criminal seizure of the building or the confiscation of the building, the seizure concerns the total value of the building, without prejudice to the previously registered privileges and mortgages or privileges referred to in the buildingArticle 2378 of the Civil Code and born earlier than the date of publication of the real estate criminal seizure decision.
"The pre-publishing of a seizure command on the building is not an obstacle to the publication of the real estate criminal seizure decision.
"Art. 706-152. -The transfer of the property entered into before the publication of the real estate criminal seizure decision and published after this publication to the conservation of mortgages or to the land book for the departments concerned is inopposable to the State, except for the subsequent release of the seizure. However, if the continued seizure of the property in the form is not necessary and the sale does not appear fraudulent in view of its conditions and the price obtained, the competent magistrate may decide the postponement of the criminal seizure on the price of the sale, after disinterest of creditors holding a security right who have taken place prior to the date on which the criminal seizure became enforceable. In this case, the publication of the decision and the recording of the sale price balance make the sale opposable to the State.
“Chapter IV
“Sentences on certain property
or intangible furniture rights
"Art. 706-153.-In the course of the flogging investigation or preliminary investigation, the judge of liberties and detention, seized by request of the prosecutor of the Republic, may authorize, by reason of order, the seizure of intangible property or rights to be confiscated by the treasury at the advanced costs of the treasury,Article 131-21 of the Criminal Code. The investigating judge may, in the course of the information, order the seizure under the same conditions.
"The order made pursuant to the first paragraph shall be notified to the Public Prosecutor's Office, the owner of the property or the law seized and, if known, to third parties with rights to that property or right, who may file it with the Board of Inquiry by declaration to the court office within ten days of the notice of the order. This call is not suspensive. The owner of the property or law and third parties may be heard by the board of the instruction. However, third parties cannot claim the availability of the proceedings.
"Art. 706-154.-Where the seizure relates to an amount of money paid on an account opened to an institution authorized by law to hold deposit accounts, it applies indifferently to all amounts credited to that account at the time of seizure and, where applicable, to the amount indicated in the seizure decision.
"Art. 706-155.-Where the seizure relates to a receivable with a sum of money, the debtor must promptly record the amount due to the Caisse des dépôts et consignations or to the Agency for the Management and Recovery of seized and confiscated assets when it is seized. However, for conditional or term claims, funds are recorded when these claims become due.
"When the seizure relates to a debt on a life insurance contract, it results in the suspension of the powers of redemption, renunciation and dwarfing of the contract, pending final judgment on the merits. This seizure also prohibits any acceptance after the benefit of the contract pending this judgment and the insurer may no longer make advances to the contractor. This seizure is notified to the subscriber as well as to the insurer or agency to which the contract was signed.
"Art. 706-156.-The seizure of social shares, securities, financial instruments or other intangible property or rights shall be notified to the issuing person.
"Where applicable, seizure is also notified to the financial intermediary referred to in the 2° to 7° of Article L. 542-1 of the monetary and financial code content of the account and the registered intermediary mentioned in theArticle L. 228-1 of the Commercial Code.
"Art. 706-157. - Seizure of a trade fund shall be subject to third parties from the date of its registration, at the advanced costs of the Consolidated Revenue Fund, on the register of pledges held at the office of the commercial court of the place of status of the fund.
“Chapter V
“Dispossessions without dispossession
"Art. 706-158.-In the course of the flogging investigation or preliminary investigation, the judge of freedoms and detention, seized by request of the prosecutor of the Republic, may authorize, by order reasoned, the seizure, at the advanced costs of the treasury, of property whose confiscation is provided for by the public prosecutor.Article 131-21 of the Criminal Code without dividing the owner or the holder. The investigating judge may, in the course of the information, order the seizure under the same conditions.
"The order made pursuant to the first paragraph shall be notified to the Public Prosecutor's Office, the owner of the property seized and, if known, to third parties with rights to the property, who may return it to the Board of Investigation by declaration to the court office within ten days of notification of the order. This call is not suspensive. The owner of the property and third parties may be heard by the board of instruction. However, third parties cannot claim the availability of the proceedings.
"The magistrate who authorizes undispossessed seizure shall be the person to whom the custody of the property is entrusted and who shall ensure the maintenance and preservation of the property, at the cost if any of the owner or owner of the property that is liable under section 706-143 of this Code.
"In addition to maintenance and conservation, the custodian of the seized property may only use it if the seizure decision expressly provides. »
After article 706-140 of the same code, a XXX title is inserted as follows:
« TITRE XXX
"GESTION AND RECOVERY AGENCY
AND CONFERENCES
“Chapter I
"From the agency's missions
"Art. 706-159.-The Agency for the Management and Recovery of seized and confiscated assets is a public institution of the administrative state under the joint supervision of the Minister of Justice and the Minister responsible for the budget.
"Art. 706-160.-The agency is responsible for ensuring, throughout the territory and on a warrant of justice:
« 1° The management of all property, regardless of its nature, seized, confiscated or subject to a precautionary measure during a criminal procedure, entrusted to it and requiring, for their conservation or valuation, administrative acts;
« 2° Centralized management of all amounts seized in criminal proceedings;
« 3° The alienation or destruction of property for which it was entrusted with the management of the 1° and which are ordered, without prejudice to the allocation of such property under the conditions provided for in Article L. 2222-9 of the General Code of Public Property;
« 4° The alienation of property ordered or authorized under the conditions set out in sections 41-5 and 99-2 of this Code.
"The agency may, under the same conditions, ensure the management of the seized property, the alienation or destruction of the seized or confiscated property and the distribution of the proceeds of the sale in accordance with any requests for mutual assistance or cooperation from a foreign judicial authority.
"All of its skills are exercised for seized or confiscated property, including those not covered under XXIX.
"The decision to transfer property subject to criminal seizure to the Agency for the Management and Recovery of seized and confiscated assets is notified or published in accordance with the rules applicable to the seizure itself.
"In the exercise of its skills, the agency can obtain the contest as well as any useful information from any natural or legal person, public or private, without the professional secrecy being opposable to it, subject to provisions of section 66-5 of Act No. 71-1130 of 31 December 1971 reforming certain legal and judicial professions.
"Art. 706-161.-The agency provides to the criminal courts that seek guidance and legal and practical assistance for the realization of the intended seizures and confiscations or the management of the seized and confiscated property.
"It can carry out any information or training aimed at publicizing its action and promoting good practices in seizure and confiscation.
"The agency ensures that the competition fund receives revenue from the confiscation of movable or immovable property of persons found guilty of a drug trafficking offence.
"It may inform the competent services and victims, at their request or initiative, of the goods that are returned on a court decision, in order to ensure payment of their claims, including tax, customs, social or compensation.
"The agency implements a personal data processing that centralizes the seizure and confiscation decisions it is seized regardless of the nature of the property, as well as all relevant information relating to the property, its location and its owners or holders.
"The agency prepares an annual report of activity, including a statistical assessment, as well as any reflection and proposal to improve the law and practices of seizure and confiscation.
“Chapter II
"From the organization of the agency
"Art. 706-162.-The agency is administered by a board of directors whose president is a judicial magistrate appointed by decree.
"Art. 706-163.-The agency's resources include:
« 1° Grants, advances and other contributions from the State and its public institutions, the European Union, territorial authorities, their groupings and public institutions and any other public or private legal person;
« 2° Tax revenues affected by the law;
« 3° A party, determined annually by the Financial Law, of the proceeds of the sale of confiscated property when the agency intervened for their management or sale, except where the law provides for the full restitution to the person seized of the product and of the interest accrued where applicable, and subject to the allocation of that product to the contest fund receiving the revenues derived from the confiscation of the movable or real property of the persons convicted of narcotics offences
« 4° The proceeds of the investment of the sums seized or acquired by the management of the assets seized and paid on its account to the Caisse des dépôts et consignations, within the same limits and under the same reserves as for the sales referred to in the 3°;
« 5° The product of gifts and bequests.
“Chapter III
“Payment of damages
on confiscated property
"Art. 706-164.-Any natural person who, acting as a civil party, has benefited from a final decision granting him damages and interests in compensation for the damage he suffered as a result of a criminal offence as well as costs under sections 375 or 475-1 and who has not obtained compensation or redress under sections 706-3 or 706-14, or a recovery aid in respect of the purposes of which
"The State is subrogated, up to the sums paid, in the rights of the victim against the perpetrator of the offence in accordance with the rank of civil rights and privileges.
"Art. 706-165.-The terms and conditions of application of this title are set by decree in the Council of State. »
After the fourth paragraph of Article 28-1 of the same code, a paragraph shall be inserted as follows:
"These officers may also apply the provisions of title XXIX of Book IV in the course of the judicial investigations and the rogatory commissions entrusted to them. »
In the first paragraph and in the first sentence of the second paragraph of sections 41-5 and 99-2 of the same code, the words: "in the service of the domains" are replaced by the words: "in the Agency for the Management and Recovery of seized and confiscated assets".
I. ― After article 373 of the same code, an article 373-1 is inserted as follows:
"Art. 373-1.-In the event of a conviction for confiscation of property that is not in the hands of justice, the court ruling without the assistance of the jurors may, in order to guarantee the execution of this sentence, order the seizure, at the advanced costs of the treasury, of the property confiscated.
"The court may also authorize the surrender of confiscated movable property to the Agency for the Management and Recovery of seized and confiscated assets, for the purpose of their alienation, to which it orders the seizure, where such property is no longer necessary for the manifestation of the truth and that its conservation would be of a nature to diminish its value. In this case the proceeds of the sale are recorded.
"The court's decision is enforceable notwithstanding the appeal that may be appealed against the conviction and, where applicable, the non-avenue of the decision in the appeal phase provided for in section 379-4. However, the presiding officer of the board of inquiry may order, at the request of the Attorney General or at the request of one of the parties, the total or partial release of these measures by special and reasoned decision.
"Ordinances of acquittal or which do not confirm the confiscation of the property shall take full right away from the seizure at the advanced costs of the Treasury or, if the owner so requests, return the proceeds of the sale. »
II.-After article 484 of the same code, an article 484-1 is inserted as follows:
"Art. 484-1.-In the event of a conviction for confiscation of property that is not in the hands of justice, the correctional court may, in order to guarantee the execution of this sentence, order the seizure of property confiscated at the advanced costs of the treasury.
"The court may also authorize the surrender of confiscated movable property to the Agency for the Management and Recovery of seized and confiscated assets, for the purpose of their alienation, to which it orders the seizure, where such property is no longer necessary for the manifestation of the truth and that its preservation would be of such value. In this case the proceeds of the sale are recorded.
"The court's decision is enforceable notwithstanding the appeal or opposition that may be brought against the conviction. However, the President of the Correctional Appeals Chamber may order, at the request of the Public Prosecutor or at the request of one of the parties, the total or partial release of these measures, by special and reasoned decision.
"Release orders or that do not confirm the confiscation of the property take full right away from the seizure at the advanced costs of the Treasury or, if requested by the owner, restitution of the proceeds of the sale. »
The second paragraph of section 707-1 of the same code is amended as follows:
1° After the word "forfeitures" are inserted the words "in value";
2° It is added a sentence as follows:
"The execution of other confiscations is carried out on behalf of the Public Prosecutor by the Agency for the Management and Recovery of seized and confiscated assets, which, if applicable, proceeds with the formalities of land publication at Treasury expense. »
After the seventh paragraph of section 131-21 of the Criminal Code, a paragraph is inserted as follows:
"The additional confiscation penalty applies in the same conditions to all intangible rights, regardless of nature, divis or indivis. »
In the second paragraph of section 222-49 of the same code, the references: "222-38 and 222-39-1" are replaced by the references: "222-37 and 222-38".
Section 131-39 of the same code is amended as follows:
1° The 8th is thus written:
« 8° The confiscation penalty, under the conditions and in the manner provided for in article 131-21; »
2° After the 11th, a sub-item is inserted:
"The additional sentence of confiscation is also in full right for crimes and offences punishable by imprisonment for a term of more than one year, with the exception of press offences. »
The Code of Criminal Procedure is amended as follows:
1° In the first sentence of the first paragraph of Article 627-3, the words "civil procedure code" are replaced by the words "this code";
2° Section 695-9-10 is amended as follows:
(a) In the first paragraph, after the words: " gel requests", the words "goods and" are inserted;
(b) The second paragraph is deleted;
3° Section 695-9-11 is amended as follows:
(a) In the first paragraph, the words "or the judge of freedoms and detention" are deleted;
(b) In the second paragraph, the words "or the judge of freedoms and detention" are deleted twice;
4° Section 695-9-12 is amended as follows:
(a) In the first paragraph, the words "or the judge of freedoms and detention" are deleted;
(b) In the second paragraph, the words "or the judge of freedoms and detention, following the subject matter of the application" are deleted;
5° In the first paragraph of Article 695-9-13, the words "or the judge of freedoms and detention" are deleted;
6° In 695-9-15, the words: "civil enforcement procedures" are replaced by the words: "this code";
7° In the last sentence of article 695-9-16, the words "or the judge of freedoms and detention" are deleted;
8° At the 4th of 695-9-17, the words: "a conservatory measure" are replaced by the words: "the seizure of this property";
9° In the second paragraph of Article 695-9-19, the words "or the judge of freedoms and detention" are deleted;
10° Section 695-9-20 is amended as follows:
(a) At 4°, the words "or the judge of freedoms and detention" are deleted;
(b) In the last paragraph, the words "or the judge of freedoms and detention" are deleted;
11° In article 695-9-21, the words "or the judge of freedoms and detention" are deleted;
12° At the beginning of the first paragraph of section 695-9-22, the words: "When the freezing decision concerns an element of evidence, the person who holds it or any other person who claims to have a right over that element" are replaced by the words: "He who holds the evidence or the object of the freezing decision or any other person who claims to have a right over that property or element";
13° Section 695-9-23 is repealed;
14° In article 695-9-24, the words "or that of the judge of freedoms and detention" are deleted;
15° In Article 695-9-25, the words: "or, if it has been applied to Article 695-9-23, the Public Prosecutor" are deleted;
16° Section 695-9-27 is amended as follows:
(a) In the first paragraph, after the words: "decision of freezing", the words are inserted: "or when the request has been issued for subsequent confiscation of the property";
(b) In the second paragraph, after the words: "the evidence", the words "or good" are inserted;
17° Section 695-9-28 is repealed;
18° In article 695-9-29, the words "or the judge of freedoms and detention" are deleted;
19° In the second paragraph of Article 695-9-30, the words "or the judge of freedoms and detention" are deleted.
At the 1st of section 225-24 of the Penal Code, the word: "movables" is replaced by the words: "movables or buildings, divis or indivis".
Title I of Book V of the Code of Criminal Procedure is supplemented by a chapter III, which reads as follows:
“Chapter III
“From international cooperation
for the purpose of enforcement of confiscation decisions
“Section 1
"From the transmission and enforcement of confiscation decisions pursuant to the framework decision of the Council of the European Union of 6 October 2006
“Paragraph 1
“General provisions
"Art. 713.-A decision forfeiture is a penalty or a final measure ordered by a jurisdiction of a Member State of the European Union, called the issuing State, following a procedure relating to one or more criminal offences, leading to the permanent deprivation of one or more property.
"The judicial authority is competent, according to the rules and conditions determined by this section, to transmit to the competent authorities of the other Member States of the European Union, called enforcement States, or to execute, on their request, a decision of confiscation of property.
"Art. 713-1.-The confiscation decisions that may give rise to transmission or enforcement in another State are those that confiscate property, furniture or immovables, bodily or intangible, as well as any legal or document attesting to a title or right on that property, on the ground of:
« 1° that they constitute the instrument or the object of an offence;
« 2° That they constitute the product of an offence or in whole or in part correspond to the value of that product;
« 3° That they are liable to forfeiture under any other provision of the legislation of the issuing State, although they are not the instrument, object or product of the offence.
"Art. 713-2.-Any confiscation decision shall be accompanied by a certificate established by the competent authority of the issuing State including the following:
« 1° Identification of the issuing state;
« 2° Identification of the jurisdiction of the issuing State having rendered the decision;
« 3° The identity of natural or legal persons against whom the confiscation decision was rendered;
« 4° The data to identify the property that is the subject of the confiscation decision in the enforcement State, including the precise description of these assets, their location and designation of their custodian or the amount of the sum to be confiscated;
« 5° The reasons for the confiscation decision, the description of the facts constituting the offence, the nature and legal qualification of the offence which justifies it, including, where applicable, the indication that the offence between, under the law of the issuing State, in one of the categories of offences referred to in the third to thirty-fourth paragraphs of article 695-23 and shall be punished by a custodial sentence of three years
« 6° The full description of the offence when the offence does not fall into one of the categories of offences referred to in the 5th;
« 7° The statement that the decision was made on a final basis and is not prescribed;
« 8° The mention that the person referred to in the confiscation decision has been duly notified of the proceedings against him and the terms and time limits for appeal;
« 9° The possible partial execution of the decision, including the indication of amounts already confiscated and amounts remaining to be recovered;
« 10° The possibility of applying alternative penalties in the issuing State and, where appropriate, the possible acceptance of the issuing State for the application of such penalties, the nature of these penalties and the maximum sanction for each of them;
« 11° The signature of the judicial authority of the issuing State or that of its representative attesting to the accuracy of the information contained in the certificate.
"Art. 713-3.-The certificate must be translated into the official language or in one of the official languages of the State of execution or in one of the official languages of the institutions of the European Communities accepted by that State.
"Art. 713-4.-The decision to forfeit or certified copy thereof and the certificate shall, subject to the second paragraph, be transmitted by the competent authority of the issuing State directly to the competent authority of the enforcement State by any means leaving a written record and under conditions allowing that authority to verify its authenticity.
"When a Member State of the European Union has made a declaration to that effect, the confiscation decision or certified copy thereof and the certificate shall be sent through one or more central authorities designated by that State.
"On request of the competent authority of the issuing State, the certified copy of the confiscation decision and the original of the certificate shall be sent as soon as possible.
"All communications are made directly between the competent authorities.
“Paragraph 2
“ Provisions relating to confiscation decisions
of property pronounced by French courts
"Art. 713-5.-The Public Prosecutor's Office in the jurisdiction that ordered the confiscation shall establish the certificate of confiscation and shall transmit the decision and certificate, in accordance with the terms and conditions referred to in Article 713-4, to the competent authority of the competent State or States under Articles 713-6 to 713-10.
"This transmission does not prevent the continuation of the execution, in whole or in part in the territory of the Republic, of confiscation.
"Art. 713-6.-The confiscation decision is in principle transmitted for execution to a single State.
"If the confiscation decision concerns specific property, the Public Prosecutor's Office shall transmit it with the certificate to the competent authority of the enforcement State in which it has reason to believe that such property is located.
"Art. 713-7.-However, if the public prosecutor has reason to believe that the confiscation of a specific property involves acting in several states, or that one or more property referred to in the confiscation decision is located in different states, it transmits the confiscation decision and the certificate to the competent authorities of these States.
"Art. 713-8.-If the confiscation decision concerns a sum of money, the public prosecutor shall transmit it with the certificate to the competent authority of the State in which it has reason to believe that the natural or legal person has property or income.
"However, it can address the confiscation decision to several states when it considers, for specific reasons, necessary to do so.
"The total amount of money recovered in several States, pursuant to that decision, cannot exceed the amount specified in the confiscation decision.
"Art. 713-9.-If there is no means to determine the State in which the property or income of the person against whom the decision has been rendered, the public prosecutor shall transmit the decision of confiscation and the certificate to the competent authority of the State in which the person concerned has his or her habitual residence or seat.
"Art. 713-10.-When the confiscation decision relates to a sum of money and the competent authority of the enforcement State substituted for the confiscation of property, consent to the transfer of that property is given by the Minister of Justice.
"Art. 713-11.-The Public Prosecutor's Office near the court which ordered the confiscation of a property shall immediately inform the competent authority of the enforcement State, by any means leaving a written record, of all that has the effect either to withdraw from the decision its enforceable character or to subtract its execution from the enforcement State, or to amend the execution of the decision.
"When the confiscation decision has been implemented in part, the Public Prosecutor's Office specifies the amount or assets remaining to be recovered.
“Paragraph 3
" Provisions relating to the enforcement of decisions on confiscation of property pronounced by the courts of another Member State of the European Union
"Art. 713-12.-The Criminal Court, upon request of the Attorney of the Republic, is competent to rule on the execution of a confiscation decision from a jurisdiction of another Member State.
"Art. 713-13.-The decision to forfeiture and the certificate shall be forwarded in accordance with the terms set out in section 713-4 or sent to the Attorney General of the Republic to the territorially competent correctional court, directly or through the Attorney General.
"The Territorially Competent Correctional Court is the place where any of the confiscated property is located or, if not, the Paris Correctional Court.
"If the public prosecutor to whom the application has been made is not territorially competent to act on it, he shall promptly transmit it to the public prosecutor to the locally competent correctional court and inform the competent authority of the issuing State.
"Art. 713-14.-The prosecutor of the Republic, in his opinion, takes the court of correction of the request for recognition and enforcement of the confiscation decision.
"Art. 713-15.-After ensuring the regularity of the application, the Correctional Court shall rule without delay on the enforcement of the confiscation decision.
"Art. 713-16.-If it considers it useful, the correctional court shall hear, if any by rogatory commission, the convict and any person with rights to property that has been the subject of the confiscation decision. These people can be represented by a lawyer.
"Art. 713-17. -The correctional court may suspend to rule when it deems necessary for the translation of the decision or when the property is already the subject of either a seizure or freezing, or a final confiscation decision under another procedure.
"When a decision is made, the correctional court may order seizure measures in accordance with the terms set out in section 484-1.
"In the event of a stay of judgment, the prosecutor of the Republic shall promptly inform the competent authority of the issuing State by any means leaving a written record, specifying the reasons and, if possible, the length of the stay to be decided.
"Art. 713-18.-As soon as the reason for the stay to be decided no longer exists, the correctional court decides on the execution of the confiscation decision. The Public Prosecutor shall inform the competent authority of the issuing State by any means leaving a written record.
"Art. 713-19.-When the correctional court intends to refuse the execution of a confiscation decision on the basis of one of the grounds referred to in 1°, 3° and 7° of Article 713-20 or in Article 713-22, it shall notify, before deciding, the competent authority of the issuing State and shall enable it to produce its observations.
"Art. 713-20.-Without prejudice to the application of Article 694-4, the execution of a confiscation decision is refused in one of the following cases:
« 1° If the certificate is not produced, if it is established in an incomplete manner, or if it clearly does not correspond to the confiscation decision;
« 2° If immunity is obstructed or if the property, by its nature or status, cannot be confiscated under French law;
« 3° If the confiscation decision is based on offences for which the person against whom the decision has been rendered has already been tried definitively by the French judicial authorities or by those of a State other than the issuing State, provided, in the event of a conviction, that the sentence has been executed, is being executed or is no longer being enforced according to the laws of the sentencing State;
« 4° If it is established that the confiscation decision has been issued for the purpose of prosecuting or condemning a person because of his or her sex, race, religion, ethnic origin, nationality, language, political opinion or sexual orientation or that the execution of the said decision may affect the situation of that person for any of these reasons;
« 5° If confiscation is based on facts that do not constitute offences that allow, according to French law, to order such a measure;
« 6° If the rights of a third party in good faith make it impossible, according to French law, to execute the decision of confiscation;
« 7° If, according to the certificate, the person against whom the decision was rendered did not appear in person and was not represented in the proceedings leading to the confiscation decision, unless the certificate indicates that it was informed of the procedure personally or through its representative, in accordance with the law of the issuing State, or that it indicated that it did not contest the confiscation decision;
« 8° If the facts on which the decision is based fall within the jurisdiction of the French courts and the confiscation decision is prescribed under French law.
"However, the reason for refusal provided for in the 5th is not enforceable when the decision forfeiture relates to an offence which, under the law of the issuing State, enters one of the categories of offences referred to in the third to thirty-fourth paragraphs of Article 695-23 and is punishable by deprivation of liberty for a period equal to or greater than three years' imprisonment.
"The enforcement of a forfeiture decision is also denied, if any partially, if the forfeiture decision is based on the ground referred to in the 3rd of Article 713-1. In this case, the fifth paragraph of section 713-24 is applied.
"Art. 713-21.- Notwithstanding the provisions of the 5th of Article 713-20, the enforcement of the confiscation decision cannot, in respect of taxes or taxes, customs and exchanges, be refused on the ground that the French law does not provide for the same type of taxes or taxes or the same type of regulation in respect of taxes or taxes, customs and currency as the law of the issue.
"Art. 713-22.-The execution of a confiscation decision may be refused in one of the following cases:
« 1° If the confiscation decision is based on a criminal procedure for offences committed in whole or in part in the territory of the Republic;
« 2° If the confiscation decision is based on a criminal procedure for offences that have been committed outside the territory of the issuing State and the French law does not allow the prosecution of such acts when they are committed outside the territory of the Republic.
"Art. 713-23.-When the confiscation decision concerns a sum of money expressed in foreign currency, the correctional court converts the amount to be confiscated in euros at the exchange rate in force on the date the confiscation decision was pronounced.
"Art. 713-24. - Subject to the provisions of the following four subparagraphs, the correctional court may not apply measures that would replace the confiscation decision, or amend the nature of the confiscated property or the amount of the confiscation decision.
"When the person concerned is able to provide proof of confiscation, total or partial, in another State, the correctional court, after consultation with the competent authority of the issuing State, fully deducts from the amount that must be confiscated in France any fraction already recovered in that other State pursuant to the confiscation decision.
"When the competent authority of the issuing State consents, the correctional court may order the payment of a sum of money corresponding to the value of the property in lieu of the confiscation of the property.
"When the confiscation decision concerns a sum of money that cannot be recovered, the correctional court may order the confiscation of any other property available within the amount of that sum of money.
"When the confiscation decision concerns property that could not be confiscated in France in respect of the facts committed, the correctional court orders that it be executed within the limits provided by French law for similar acts.
"Art. 713-25.-The refusal to execute a decision forfeiture of property shall be prompted and notified without delay to the competent authority of the issuing State by any means leaving a written record.
"Art. 713-26.-Where the place where the property is located has not been specified sufficiently in the certificate, the Public Prosecutor shall consult with the competent authority of the issuing State.
"When the property mentioned in the confiscation decision has already been confiscated, has disappeared, has been destroyed or cannot be found at the place indicated in the certificate or when the amount cannot be recovered and the person has no property in the territory of the Republic, the prosecutor of the Republic informs the competent authority of the issuing State of the impossibility to execute the decision by any means leaving a written record.
"Art. 713-27.-The correctional court, upon request of the public prosecutor, may order, in accordance with the terms of section 484-1, the seizure of property when an appeal is filed against the decision authorizing the execution of the confiscation or when the execution of a confiscation decision is postponed by the public prosecutor.
"Art. 713-28.-If several confiscation decisions made against the same person relate either to a sum of money and that this person does not have sufficient property in France to ensure that all decisions can be executed, or on the same specific property, the correctional court determines the confiscation decision(s) to be executed in all circumstances, including the possible existence of freezing measures relating to these property in the case, the gravity of the decisions,
"The prosecutor of the Republic informs of this decision the competent authorities of the issuing State(s) by any means leaving a written record.
"Art. 713-29.-The convict may appeal the decision authorizing the execution of the confiscation in France.
"A person who holds the property object of the confiscation decision or any other person who claims to have a right on that property may, by request to the Registry of the Chamber of Correctional Appeals territorially competent within ten days of the date of execution of the decision under review, file an appeal against the decision.
"In the event of an appeal against the decision to forfeit, the Attorney General shall, by any means, inform the competent authority of the issuing State of the appeal.
"The appeal is suspensive but does not dispute the substantial reasons that led to the decision of confiscation.
"The court may, by a decision that is not subject to any appeal, authorize the issuing State to intervene at the hearing through a person authorized by that State for that purpose or, if so, directly through the means of telecommunications provided for in Article 706-71. When the issuing State is authorized to intervene, it does not become a party to the proceedings.
"Art. 713-30.-The Public Prosecutor's Office to the Court having ruled shall continue the enforcement of the decision to authorize forfeiture when the decision is final in accordance with the terms set out in Article 707 and shall inform the competent authority of the issuing State by any means leaving a written record of the execution of the decision.
"Art. 713-31.-The Public Prosecutor may defer the execution of a confiscation decision in the following cases:
« 1° When the confiscation decision concerns a sum of money and the amount recovered may be greater than the amount specified in the confiscation decision because of the execution of it in several states;
« 2° Where the enforcement of the confiscation decision may affect an ongoing criminal investigation or proceeding.
"The public prosecutor who differentiates the execution of the confiscation decision shall promptly inform the competent authority of the issuing State by any means leaving a written record, specifying the reasons for the postponement and, if possible, its foreseeable duration.
"As soon as the reason for postponement no longer exists, the Public Prosecutor's Office shall execute the decision forfeiture and inform the competent authority of the issuing State by any means leaving a written record.
"Art. 713-32.- Assets other than sums of money, confiscated pursuant to the decision of confiscation, may be sold according to the provisions of the State domain code.
"The sums of money recovered and the proceeds of the sale of the confiscated property are devolved to the French State when the amount recovered is less than €10,000, and spent for half to the French State and for half to the State of issue in the other cases.
"The costs of executing the confiscation decision are not charged on the amount devolved to the issuing State. However, when high or exceptional costs have been incurred, detailed information on these costs may be communicated to the issuing State in order to obtain the sharing of these costs.
"The confiscated goods that are not sold are devolved to the French State unless otherwise agreed with the issuing State.
"Art. 713-33.-Where the person against whom the decision has been rendered is able to justify the execution, total or partial, of the confiscation in another State, the public prosecutor shall consult with the competent authority of the issuing State by all appropriate means.
"Any portion of the amount recovered pursuant to the confiscation decision in another State shall be deducted in full from the amount to be recovered.
"Art. 713-34. -The Public Prosecutor's Office shall terminate the execution of the confiscation decision as soon as it is informed of any decision or measure that has the effect of withdrawing its enforceability or subtracting the execution of the decision from the French judicial authorities.
"Art. 713-35.-When the decision is amnestied by French law or is the subject of a grace granted in France, the Public Prosecutor's Office shall terminate the execution of the decision of confiscation and shall inform it as soon as possible by any means leaving a written record the competent authority of the issuing State.
“Section 2
"From the execution of decisions of confiscation pronounced
foreign judicial authorities
"Art. 713-36.-In the absence of an international convention by otherwise providing, Articles 713-37 to 713-40 are applicable to the execution of the confiscation decisions made by the foreign judicial authorities, for the confiscation of the movable or immovable property, irrespective of its nature, having served or intended to commit the offence or appearing to be the direct or indirect product as well as any property whose value corresponds to the offence.
"Art. 713-37.-Without prejudice to the application of Article 694-4, the execution of confiscation is refused:
« 1° If the facts at the origin of the application are not an offence under French law;
« 2° If the goods on which it carries are not subject to confiscation under French law;
« 3° If the foreign decision has been pronounced in conditions that do not provide sufficient guarantees for the protection of individual freedoms and the rights of defence;
« 4° If it is established that the foreign decision was issued for the purpose of prosecuting or condemning a person because of his or her sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation;
« 5° If the French Public Prosecutor's Office had decided not to prosecute the facts on which confiscation was pronounced by the foreign court or if the facts had already been tried definitively by the French judicial authorities or by those of a State other than the requesting State, provided, in the event of a conviction, that the sentence had been executed, or was being executed or could no longer be brought to execution according to the laws of the State of condemnation;
« 6° If it concerns a political offence.
"Art. 713-38.-The execution of confiscation ordered by a foreign judicial authority pursuant to section 713-36 is authorized by the correctional court, upon request of the public prosecutor.
"The enforcement is authorized provided that the foreign decision is final and enforceable according to the law of the requesting State.
"The enforcement authority may not have the effect of infringinging the lawfully constituted rights for the benefit of third parties, pursuant to French law, on property whose confiscation was pronounced by the foreign decision. However, if this decision contains provisions relating to the rights of third parties, it applies to French courts unless the third parties have been unable to assert their rights before the foreign jurisdiction under conditions similar to those provided by French law.
"The refusal to authorize the enforcement of the confiscation decision by the foreign court shall take full and free of charge from the seizure. The same is true when prosecutions abroad have ended or have not led to confiscation of seized property.
"Art. 713-39.-If it considers it useful, the correctional court shall hear, if any by rogatory commission, the owner of the seized property, the convicted person and any person with rights to the property that has been the subject of the foreign confiscation decision.
"The persons mentioned in the previous paragraph may be represented by a lawyer.
"The correctional court is bound by the factual findings of the foreign decision. If these findings are insufficient, it may request by rogatory commission to the foreign authority that rendered the decision, the provision, within such time as it sets out, of the necessary additional information.
"Art. 713-40.-The execution in the territory of the Republic of a confiscation decision from a foreign jurisdiction shall transfer to the French State ownership of the confiscated property, unless otherwise agreed with the requesting State.
"The goods so confiscated may be sold according to the provisions of the State domain code.
"The modalities for the possible sharing of the proceeds of the sale of confiscated assets at the request of a foreign state are defined by decree.
"If the foreign decision provides for confiscation in value, the decision authorizing its execution makes the French State creditor with the obligation to pay the corresponding sum of money.If no payment is made, the State shall recover its debt on any property available for that purpose.
"Art. 713-41. - For the purposes of this section, the competent correctional court is the place of one of the property subject to the application or, failing that, the Paris Correctional Court. »
I. ― Chapter I of Book IV title X of the same code is amended as follows:
1° The title of section 2 is thus written: "For the purposes of hearing, monitoring or infiltration";
2° It is added a section 3 as follows:
“Section 3
"From mutual aid for the purpose of seizure of products
an offence for further confiscation
"Art. 694-10.-In the absence of an international convention by otherwise stipulating, Articles 694-11 to 694-13 are applicable to requests for mutual assistance from the competent foreign authorities for the seizure, for the purpose of their subsequent confiscation, of movable or immovable property, irrespective of its nature, which appears to be the direct or indirect product of the offence and of any property of which the value corresponds to the proceeds of the offence.
"Art. 694-11. -Without prejudice to the application of section 694-4, the application under section 694-10 shall be rejected if one of the grounds for refusal referred to in section 713-37 appears already constituted.
"Art. 694-12.-The execution in the territory of the Republic of provisional measures subject to an application by a foreign judicial authority, pursuant to an international convention, is ordered, at the advanced costs of the Treasury and in accordance with the terms of this Code, by the investigating judge upon request of the public prosecutor, provided that the owner of the property could not ignore the origin or fraudulent use of the property.
"Art. 694-13.-The refusal to authorize the enforcement of the confiscation decision imposed by the foreign jurisdiction shall, at the expense of the treasury, prevail over the orderly seizures. The same is true when prosecutions abroad ended. »
II.-They are repealed:
1° The Chapter III of Act No. 96-392 of 13 May 1996 on combating the laundering and trafficking of narcotic drugs and international cooperation in the seizure and confiscation of proceeds of crime;
2° La Act No. 90-1010 of 14 November 1990 adapting French legislation to the provisions of Article 5 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, made in Vienna on 20 December 1988.
A decree in the Council of State specifies the procedure for the application of this Act.
The provisions relating to the Agency for the Management and Recovery of seized and confiscated assets come into force after the issuance of the decree in the Council of State under Article 706-165 of the Code of Criminal Procedure.
This Act is applicable in the Wallis and Futuna Islands, French Polynesia and New Caledonia.
This law will be enforced as a law of the State.
Done in Paris, 9 July 2010.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
Minister for Foreign Affairs
and European,
Bernard Kouchner
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Budget, Public Accounts
and state reform,
François Baroin
