Fiches Belges: France

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

Please see fiche belge number 501.

International legal framework applicable for this measure in your Member State

N/A

* receive the request/decision for judicial cooperation

N/A

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

N/A

Accepted languages for the request/decision

N/A

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

N/A

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