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ARTICLE · 19 APRIL 2023

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No Seizures Without Criminal Prosecution

French criminal law is to be interpreted strictly. This principle, enshrined in Article 111-4 of the French Criminal Code, is a principle that permeates French criminal law.

FranceCriminal Law

French criminal law is to be interpreted strictly. This principle, enshrined in Article 111-4 of the French Criminal Code, is a principle that permeates French criminal law. It follows that criminal law rules must be applied literally.

In a ruling issued on February 1, 20231, the Cour de Cassation (French Supreme Court) recalled this principle of strict interpretation of French criminal law in a case concerning the refusal of restitution of a seized property.

In the case at hand, the sum of 58,600 euros belonging to an indicted individual had been seized incidentally in the context of a judicial investigation for drug offenses, criminal conspiracy and laundering of drug trafficking proceeds. An investigation for non-justification of resources was then launched and subsequently closed, with no further action taken, on February 22, 2017.

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