#2010-768Law to Facilitate Seizure and Confiscation in Criminal Matters
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This law simplifies the process of seizing and confiscating assets involved in criminal activities in France. It allows officers to preserve evidence and confiscate items related to or resulting from a crime more efficiently. New provisions enable judicial officers to oversee the seizure of goods subject to future confiscation, with special measures ensuring that assets can be handled even if their owner is uncooperative. Compliance teams must ensure they have systems to support law enforcement requests related to asset seizures.
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Key Changes
- Enables judicial officers to order precautionary measures for asset seizures.
- Establishes the management agency for seized and confiscated assets.
- Allows seizure of assets even if not physically in custody during criminal proceedings.
Obligations
What this law requires
Preserve evidence and all materials that can serve to establish the truth, including seizure of weapons and instruments used to commit crimes and any products directly or indirectly resulting from the crime
Upon prosecutor authorization, conduct searches in all locations where assets subject to confiscation under Article 131-21 of the Penal Code may be found for seizure purposes
Establish and maintain systems to support law enforcement requests related to asset seizures and implement procedures to handle uncooperative asset owners
Upon prosecutor request, order conservatory measures on movable and immovable assets of persons under examination to guarantee payment of fines and victim compensation for offenses punishable by imprisonment of 3 years or more
The property owner or holder of seized assets is responsible for maintenance and conservation of the seized goods, bearing all associated costs except those charged to the State