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The criminal seizure of sums credited to bank accounts constitutes a seizure of assets requiring the prior opinion of the public prosecutor. In this case, on the occasion of information followed against the spouses on the counts of fraud, forgery and use of forgery, concealed work and laundering of tax evasion, the investigating judge issued an order maintaining a criminal seizure of sums credited to bank accounts held by the interested parties.
The spouses are appealing, considering that the opinion of the public prosecutor had not been obtained prior to the measure. But the investigating chamber confirms the order undertaken, considering on the contrary that the investigating judge was not required to seek the opinion of the public prosecutor before issuing his order. However, the Court of Cassation does not accept the argument.
It states that the seizure carried out constituted, within the meaning of these provisions, a seizure of assets requiring the prior opinion of the public prosecutor. The solution is curious, since the seizure in question concerned sums credited to bank accounts, by nature intangible: the specific provisions of article 706-153 of the code of criminal procedure were intended to apply and, therefore, the prior opinion of the public prosecutor was not necessary.
Maître Grégory DAMY , lawyer Nice, Criminal seizure – Update 2022
