Paragraph 3: Provisions relating to the enforcement of confiscation orders issued by the courts of another Member State of the European Union

Without prejudice to the application of Article 694-4, enforcement of a confiscation order shall be refused in any of the following cases:

1° If the certificate is not produced, if it is drawn up incompletely or if it manifestly does not correspond to the confiscation order;

2° If immunity prevents it or if the property, by its nature or status, cannot be subject to confiscation under French law ;

3° If the confiscation order is based on offences for which the person against whom the order has been issued 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 enforced according to the laws of the convicting State ;

4° If it is established that the confiscation order was issued for the purpose of prosecuting or sentencing a person on account of his or her sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation or gender identity or that the enforcement of the said order may adversely affect the position of that person for any of these reasons;

5° If the confiscation is based on facts that do not constitute offences that, under French law, allow such a measure to be ordered;

6° Si les droits d'un tiers de bonne foi rend impossible, selon la loi française, l'exécution de la décision de confiscation;

7° Si, selon les indications portées dans le certificat, l'intéressé n'a pas comparu en personne lors du procès à l'issue duquel la confiscation a été prononcée sauf si, selon ces indications, il se trouve dans l'un des cas prévus aux 1° à 3° de l'article 695-22-1 ;

8° If the facts on which the decision is based fall within the jurisdiction of the French courts and the confiscation order is time-barred under French law.

However, the ground for refusal provided for in 5° may not be invoked where the confiscation order relates to 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 at least three years' imprisonment.

Enforcement of a confiscation order shall also be refused, where applicable in part, if the confiscation order is based on the ground referred to in 3° of Article 713-1. In this case, the fifth paragraph of article 713-24 shall apply.