Corporate criminal law
Is your company, or are you personally, subject to a criminal seizure of assets, and do you believe you have good reasons to request its lifting? We set out how a seizure arises, who you ask for the lifting, and within what time limit that decision falls.
How a criminal seizure arises, and when it takes effect
The public prosecution service can seize other assets from your estate by equivalent, up to the presumed proprietary advantage. That applies when the assets representing that advantage are no longer present or have mixed with lawful property. The public prosecution service must justify the estimated amount and state the serious and concrete indications in the record.
A seizure on a bank account is a seizure on a claim, and it takes place through written notice to the bank. From receipt of that notice, the bank may no longer release the funds. The letter must reproduce the text of the legal provisions on the seizure word for word, depending on whether it comes from the prosecutor or the investigating judge. Both you and the bank have the right to a free copy of the record, immediately or within forty-eight hours.
In a fraud file, a bank inquiry often precedes the seizure. Where there are serious indications of an offence that could carry a heavy sentence, the public prosecutor can request financial information from the institutions concerned. He can then place the transactions under supervision for a renewable period of up to two months, and order the institution not to release the funds. That freeze lasts until at most five working days after the requested data is provided.
Our assistance for people suspected of fraud describes the whole criminal investigation. Does an interview accompany the seizure, our police interview assistance then supports you as well.
How you request the lifting, and within what time limit
If you are harmed by a seizure during a judicial investigation, you request the lifting from the investigating judge. He decides no later than fifteen days after the petition is entered in the register. He can reject the request because of the needs of the investigation, the rights of parties or third parties, or a danger to persons or property. He can also reject it when the law itself already provides for return or confiscation.
If a preliminary investigation is still running, you request the lifting in the same way from the public prosecutor. He too decides no later than fifteen days after the petition is entered in the register. An appeal against both decisions lies with the indictments chamber, within fifteen days of the notice. That appeal suspends enforcement, unless provisional enforcement has been ordered.
If the investigating judge or the prosecutor does not decide within the time limit plus a further fifteen days, you can still bring the matter before the indictments chamber. A new petition on the same subject can only be filed after three months.
We draft the petition and work out with you which arguments carry the most weight. If you already had access to the criminal file, this request builds on what that access revealed. If you are later summoned, our assistance before the criminal court then carries your file forward. If there is also reason for further investigation, we guide your request for investigative measures as well.
Frequently asked questions
Who do I ask for the lifting of the seizure?
During a judicial investigation, you ask the investigating judge for the lifting, during a preliminary investigation, you ask the public prosecutor. Both decide no later than fifteen days after the petition is entered in the register. Your file decides which authority is competent.
What happens if my bank account is seized?
A seizure on a bank account takes effect as soon as the bank receives the written notice, and from that moment it may no longer release the funds. The letter must reproduce the legal provisions on the seizure word for word. You and the bank then each receive a free copy of the record.
What can I do if the investigating judge or the prosecutor refuses my request?
If the investigating judge or the prosecutor refuses your request, you can appeal within fifteen days of the notice to the indictments chamber. That appeal suspends enforcement, unless provisional enforcement has been ordered. A new petition on the same subject can only be filed after three months.
Can the prosecutor freeze my account before the seizure?
In a fraud file, a bank inquiry often precedes the seizure. Where there are serious indications of an offence that could carry a heavy sentence, the public prosecutor can request financial information from the institutions concerned. He can then place the transactions under supervision for a renewable period of up to two months, and order the institution not to release the funds. That freeze lasts until at most five working days after the requested data is provided.