Our Missions
Published on : September 26, 2024
Assistance
In accordance with Article 706-161 of the Code of Criminal Procedure, the Agrasc "provides criminal courts and public prosecutors, at their request or on its own initiative, with guidance and useful legal and practical assistance for the implementation or management of seizures and confiscations."
Since its creation, the Agrasc's assistance mission has been a top priority, aimed at supporting investigators and magistrates in developing asset management strategies, assessing the feasibility of a seizure or confiscation, justifying the legal grounds for it, and drafting the related decisions.
The agency operates both in domestic judicial cases and within the framework of international cooperation.
To enhance the effectiveness of the seizure and confiscation system, the Directorate of Criminal Affairs and Pardons (DACG) of the Ministry of Justice esteemed it necessary to designate a magistrate in each public prosecutor's office as a "seizure and confiscation" specialist. The Agrasc relies on this network to successfully carry out its missions.
What is the role of the seizure and confiscation magistrate?
The magistrate ensures the diffusion of best practices within the jurisdiction and serves as a key contact for the Agrasc.
The general public prosecutor also organizes regular meetings with specialist officers from various courts within their jurisdiction to coordinate actions, address challenges, and review activities. This specialization allows for tailored training sessions adapted to local issues.
Training
Training judicial staff, investigators, institutional or foreign partners
National Training
The Agrasc offers training for professionals involved in seizures and confiscations, either onsite or at any relevant institution. In partnership with the National School for the Judiciary (ENM) or the National School for Clerks (ENG), the agency regularly trains future professionals (initial training) or experienced professionals (continuing education).
International Training
The Agrasc regularly collaborates with foreign institutions and is often approached by countries seeking to replicate its structure. The agency frequently welcomes foreign delegations or travels abroad to present its operations and share best practices it has developed.
Operational missions
The management of seized assets across the entire national territory
The Agrasc is responsible for:
- The centralized management of seized funds (cash and bank accounts).
- The publication of real estate seizures and criminal confiscations.
- The sale of movable property before judgment. By court decision and in exceptional situations, the Agrasc's movable property department may be tasked with selling confiscated movable assets.
- The optimization of seized items.
- The allocation of movable property to investigative and judicial services.
Compensation of civil parties from confiscated assets
According to Article 706-164 of the Code of Criminal Procedure, "Any person who has constituted themselves as a civil party and has been granted a final decision awarding them damages for the harm they suffered as a result of a criminal offense, as well as costs under Articles 375 or 475-1, and who has not received compensation or reparation under Articles 706-3 or 706-14, or recovery assistance under Article 706-15-1, may request that the Agency for the Management and Recovery of Seized and Confiscated Assets pay them these amounts from the funds or liquidated value of their debtor's assets, whose confiscation or non-return has been decided by a final ruling and for which the agency is the custodian under Articles 706-160 or 707-1. In the same conditions, compensation or reparation may be paid from the funds or liquidated value of their debtor's assets that have become the property of the State under the last paragraph of Article 41-4, and for which the agency is the custodian under Articles 706-160 or 707-1."
Execution of Confiscations
The Agrasc executes:
- The transfer of confiscated funds to the general state budget or to special funds (such as the drug trafficking fund, the fund for the fight against prostitution, or ill-gotten assets).
- The sale of real estate properties (see our sales).
- Restitution: when the restitution of assets seized and managed by the Agrasc is ordered, Article 706-161, paragraph 4 of the Code of Criminal Procedure authorizes the agency to inform individuals and administrations potentially interested in the returned assets.
Thus, before returning funds, the Agrasc consults with various public creditors.
If unpaid fines or tax or social debts are identified, the agency pays the amounts owed on behalf of the asset owner before returning the remaining balance, if applicable. The agency always ensures that any fines imposed by the judgment are paid before executing the restitution of the funds. The convicted person is required to provide proof of payment, and if not, the fine is paid from the assets to be returned. - Social allocation.
The Different Types of Allocations
"An allocation by the Agrasc is a property seized by the public prosecutor or confiscated by a judge, allocated to a state service or a public utility recognized association."
Allocation of Movable Property
Judges in charge of investigations, judicial inquiries, or the execution of sentences can assign movable property free of charge to:
- The investigative services of the national police,
- The investigative services of the national gendarmerie,
- The judicial investigation service of the finance department,
- The French Office for Biodiversity,
- The juridictions.
These allocations can be :
- Temporary: They are made during the investigation and up until the judgment for property that has no longer or no probative value. To protect the interests of the parties, in case of restitution, the owner may request compensation for the loss of value due to the use of the property from the assigned service.
- Permanent: The property then permanently changes ownership.
These allocations allow:
- To prevent the depreciation of the property,
- To rationalize the expenses incurred by the State,
- To diversify the resources of the beneficiary services.
Social Allocation
Since Law 2021-401 of April 8, 2021, improving the efficiency of local justice and the penal response, "The agency may, if necessary and free of charge, make available a property under its management to the benefit of associations, public utility foundations, and organizations with the certification provided for in the construction and housing code. The terms of this provision are defined by regulation."
↓ Ongoing social allocations: click the button below ↓
International Cooperation
As part of its assistance, the agency supports French jurisdiction in matters of seizures and confiscations that involve an international element, whether for incoming or outgoing requests. It advises French magistrates on the proportionality, legal basis, and appropriateness of the proposed measure. To do so, it can rely on a network of French liaison magistrates abroad and works closely with the Delegation for European and International Affairs (DAEI) and the International Criminal Assistance Office (BEPI) within the Department of Criminal Affairs and Pardons of the Ministry of Justice.
The Agrasc's mission is "to manage seized assets, handle the sale or destruction of seized or confiscated property, and distribute the proceeds of the sale in response to any request for mutual legal assistance or cooperation from a foreign judicial authority."
In this context, the agency may be required to discuss, at the end of a procedure, the terms of financial sharing with the requesting or requested state.
As part of training, the Agrasc is also heavily involved in international cooperation. As a model that has been replicated multiple times by countries seeking to establish similar structures, our public institution is regularly called upon to host foreign delegations or travel abroad to present its operations and share the best practices it has developed. These presentations are carried out by the agency's management and department heads, with the aim of showcasing the Agrasc's expertise in asset seizures and confiscations.
To fulfill its international missions, the Agrasc works closely with numerous French and foreign partners, including foreign asset recovery agencies, EUROPOL, EUROJUST, the European Union, as well as national institutions like the National School for the Judiciary (ENM), Justice International Cooperation, and the Criminal Asset Identification Platform (PIAC) attached to the Central Office for the Suppression of Major Financial Crime.
