The identification of criminal offenders’ assets, and their seizure and confiscation were identified as a “major governmental priority” in an inter-ministerial circular of May 15, 2007. More recently, a circular of August 4, 2008 concerning drug trafficking recalls the necessity to “be attentive to the terms of decisions confiscating criminal assets”. French Law 2010-768 of July 9, 2010 seeking to facilitate seizure and confiscation in criminal matters provides for the creation of an agency to manage seized goods and fulfil the provisions of the French Code of Criminal Procedure. This complementary approach to fighting crime is advocated by the courts and international organizations in which France is an active participant (United Nations, Financial Action Task Force, etc.) as well as the European Union.
Course teaching method:
This session aims to offer a survey of legislative and regulatory provisions, as well as best professional practices, which will permit penal judges, whether prosecutors examining judges or criminal trial judges, to contribute to this objective of a systemized financial approach in investigations and the struggle against organized crime and criminals.