French Code of Criminal Procedure
In forceWithout prejudice to the application of Article 694-4, enforcement of a freezing order shall be refused in any of the following cases:
1° If immunity prevents it or if the property or evidence is unseizable under French law;
2° If it appears from the certificate that the freezing order is based on offences for which the person referred to in the said order has already been finally judged by the French judicial authorities or by those of a State other than the issuing State, provided, in the case of a conviction, that the sentence has been enforced, is in the process of being enforced or can no longer be brought back for enforcement under the laws of the convicting State ;
3° If it is established that the freezing order was issued for the purpose of prosecuting or sentencing a person on account of that person's sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation or gender identity, or that the enforcement of that order may adversely affect the position of that person for any of these reasons;
4° If the freezing order has been made for the purpose of subsequent confiscation of property and the facts justifying it do not constitute an offence that would, under French law, allow the seizure of that property to be ordered.
However, the ground for refusal provided for in 4° may not be invoked where the freezing order concerns an offence which, under the law of the issuing State, falls within one of the categories of offences mentioned in Article 694-32 and is punishable therein by a custodial sentence of three years' imprisonment or more.
