Fichas Belgas
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Francia

Medidas provisionales en vistas de decomiso (504)

1. MEASURE IMPLEMENTATION

Francia

Is this measure possible in your Member State under International Judicial Cooperation?

Please see fiche belge number 501.

2. LEGAL FRAMEWORK

Francia

International legal framework applicable for this measure in your Member State

N/A

3. COMPETENT AUTHORITY TO:

Francia

* receive the request/decision for judicial cooperation

N/A

* execute/recognise the measure (if other than the receiving authority)

N/A

4. ACCEPTED LANGUAGES

Francia

Accepted languages for the request/decision

N/A

5. EXECUTION DEADLINE

Francia

Deadlines for the execution of the request/decision (where applicable)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Francia

a. Special requirements

In matters concerning the seizure of assets the dual criminality check (i.e. the question of whether dual criminality is a requirement or not) depends upon the offence: dual criminality is required in relation to seizures of assets for the purpose of their subseqent confiscation when the offence upon which the request is based does not fall, under the law of the issuing State, within one of the categories of offences which are set out in article 695-23 of the Code of Criminal Procedure and punishable by a prison sentence of at least 3 years. Apart from those offences, if the facts of the case do not constitute an offence under French law for which seizure could be ordered, the request for execution of the freezing decision must be refused. However, a request for freezing cannot be refused in matters of taxes and duties, of customs or foreign exchange on the grounds that French law does not provide for the same type of tax or duties or the same type of regulation in these matters (article 695-9-18 of the Code of Criminal Procedure).

b. Other useful information

N/A

Last reviewed on 6 julio 2016 by Secretariado de la RJE
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