Fiches Belges
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: Franta

Restituire (503)

1. MEASURE IMPLEMENTATION

Franta

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

YES. Restitution is taken to mean the return, to their rightful owners, of all objects, sums, instruments and documents of any nature that were placed in the hands of the courts on the occasion of an actual or an alleged offence. A request for restitution can therefore be made by anyone who has the right to legitimately hold the requested item (owner, holder, holder of a right of use). The aim of restitution is not to give a ruling on a right of possession, but to return the situation to what it was prior to the seizure. In practice restitution will not take place if it could obstruct the truth from being revealed or threaten the protection of the rights of the parties (claiming a lawfully constituted right to the item) or if it presents a risk to the persons or goods. Restitution can also be refused if the confiscation of the object is required by law. The investigating judge can, without actually granting the restitution, appoint the requesting person custodian of the seized item, although he or she may have to present it to the judicial authority at any time. This measure is without prejudice to possible confiscation of the item).

2. LEGAL FRAMEWORK

Franta

International legal framework applicable for this measure in your Member State

The Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 (article 8). When there is no provision for this measure in the applicable conventions or when there is no applicable convention, a request for this measure can be made to the French authorities on the basis of article 694 et seq. of the Code of Criminal Procedure.

3. COMPETENT AUTHORITY TO:

Franta

* receive the request/decision for judicial cooperation

The competent authority to receive and execute the request is: • the public prosecutor (as part of a preliminary investigation), • the investigating judge following the advice of the public prosecutor (as part of a judicial inquiry). This decision is subject to appeal before the Investigating Chamber of the court, • the police court, criminal court, assize court (higher criminal court) to which the merits of the case are referred. Their decisions are subject to appeal before the court of appeal or the assize court of appeal.

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

N/A

4. ACCEPTED LANGUAGES

Franta

Accepted languages for the request/decision

A translation in French is not required but it is nonetheless recommended that a translation be provided in order to facilitate and expedite the execution of the request for assistance.

5. EXECUTION DEADLINE

Franta

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

There is no deadline for the execution of requests for assistance in French criminal law. However, it is possible, in the body of the request, to ask for a deadline to be observed; such a deadline will, however, only be regarded as a general guide.

6. CONCISE LEGAL PRACTICAL INFORMATION

Franta

a. Special requirements

The measure is executed in accordance with the French Code of Criminal Procedure. In the absence of a bilateral or multilateral convention which provides to the contrary, the requesting authority can ask for certain particular procedural rules to be followed, in accordance with article 694-3 of the Code of Criminal Procedure, which provides that such rules must not reduce or impair “the rights of the parties or the procedural guarantees provided by the present Code”. The request can be refused if it is likely to harm public order or the essential interests of the Nation, as provided by article 694-4 of the Code of Criminal Procedure.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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