France: A Guide to Asset Recovery and Legal Assistance
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In the pursuit of international cooperation in asset recovery, it is essential to identify and enclose copies of relevant legal provisions, including applicable penalties and procedural rules under investigation and/or prosecution.
Seeking Assistance from France
To facilitate cooperation, it is crucial to outline specific requirements for assistance sought from France. This includes any certification or authentication needs that must be met.
Witness Statements/Testimony
When seeking witness statements/testimony, provide a list of questions to be asked and specify the procedural rules applicable in your legislation. Ensure that these rules do not limit the exercise of procedural rights or privileges foreseen by the French Procedure Code.
- Provide details on:
- Information to be delivered to witnesses/suspects regarding their rights
- Oath to be taken by witnesses
- Obligation to appear and possibility of coercion
- Whether witnesses will be heard by a judge, as per your legislation
Search and Seizure
When requesting search and seizure operations, provide extensive details on:
- Location of premises to be searched
- Type of objects to be seized
- Technical information regarding computer systems set up within the premises
- Express consent of individuals whose residences are being searched (if required)
- Undertakings for safekeeping and certification of seizures
Enforcing Orders to Seize Criminal Assets
When seeking to enforce seizing orders on criminal assets, provide:
- Name, address, nationality, date and place of birth, and location information of the suspect
- Particulars of assets intended to be seized
- Link between suspected offense and property
- Information on rights of third parties regarding this property
- Whether asset is object, instrument, or product of crime, or if seizure aims at freezing all assets
Enforcing Orders of Confiscation of Criminal Proceeds
When seeking to enforce orders of confiscation of criminal proceeds, provide:
- Name, address, nationality, date and place of birth, and location information of the person whose conduct led to confiscation
- Particulars of assets intended to be confiscated
- Link between suspect and property
- Information on rights of third parties regarding this property
- Whether asset is object, instrument, or product of crime, or if confiscation extends to all assets
Confidentiality Requirements
In France, requests for assistance are subject to confidentiality. However, where necessary for guaranteeing the rights of third parties, disclosure may be required. The need for confidentiality should be explicitly stated in the request.
Urgent Requests
Identify any time limits within which compliance with the request is desired and specify the reason for urgency (e.g., pending court proceedings or ongoing detention).
Contact Points
Include a list of key law enforcement/prosecution authorities familiar with the case, including contact information. The Central Authority’s name and contact details should also be provided.
Translation Requirements
Where no applicable convention stipulates otherwise, France requires requests for legal assistance to be made in French or accompanied by a translation.