Title I: The Assize Court

Under the last paragraph of Article 131-21 of the Criminal Code, where the Assize Court ruling at first instance or on appeal is likely to order the confiscation of property over which a person other than the accused has a right of ownership, including in the case of the spouse of the accused and where the property forms part of the community, and where this title is known or where this person has claimed this status during the proceedings, the Public Prosecutor shall notify this person by any means of the date of the hearing, at least one month before it takes place.

This notice informs the person that the confiscation of this property may be ordered and that he or she has the right to present his or her observations at the hearing in person or through a lawyer, where applicable in accordance with the procedures set out in the third paragraph, for the purpose, in particular, of asserting the right that he or she is claiming and his or her good faith. The notice specifies that the person concerned must, if necessary, provide proof of title.

These observations may be made in a written document delivered to the clerk's office of the assize court and recorded by the clerk either before the hearing or during the hearing, or sent to the clerk's office of the assize court by registered letter with acknowledgement of receipt received at least 24 hours before the date of the hearing; in this case, the president of the assize court informs the jurors of the content of these observations.

If the property had been placed under judicial custody, the person may request its return pursuant to article 373. It can then claim to have access only to the documents in the proceedings relating to the seizure of this property.

If the confiscation of the property is ordered by the Assize Court, the person may, when this decision is final, request its return pursuant to Article 710.

The provisions of this article do not apply to the compulsory confiscation of objects classified as dangerous or harmful by law or regulation, or the possession of which is unlawful.

The person referred to in the first paragraph need not be notified of the date of the hearing in accordance with the provisions of this article if that person is summoned as a witness before the Assize Court. In this case, when the person gives evidence, the president will remind him or her that he or she may make observations on the penalty of confiscation that is likely to be imposed.