Defence rights and the use of information technology in criminal procedure
Michele Simonato · Revue internationale de droit pénal · 2014
French legislation on seizure and confiscation of criminal assets, which had hardly changed over the years, has seen a notable change since 2007––even an actual revolution—as the legislative reforms in this area have moved the limits of general principles of criminal law, in particular by instituting a broad system of reversal of the burden of proof or by allowing for the confiscation of assets at the free disposition of the offender even when not the legal owner. The legislation intends to broaden the scope of confiscation, which now extends to any asset of the offender, be it legal or illegal. With regard to seizure, applicable rules have been simplified and strengthened, in order to allow for the seizure of all assets subject to confiscation, whatever the link with the offense. New concepts like seizure and confiscation in equivalent value, which were unknown in French criminal law, have been introduced. Lastly, the law now enables the devolution of seized assets to enforcement agencies, even before a final decision on a possible confiscation. All these legislative measures have made French law on seizure and confiscation one of the most advanced in this area, which is already producing results in the fight against profit-making crime. It allows for exploring efficient alternative criminal policy tools, as well as imprisonment.