French Code of Criminal Procedure
In forceWhen, in the course of legal proceedings or the checks referred to in article L. 214-23 of the Rural and Maritime Fishing Code, one or more live animals have been seized or removed for any reason whatsoever, the public prosecutor at the judicial court in the place where the offence was committed or, when the case is referred to him or her, the investigating judge may place the animal in a place of deposit set aside for this purpose or entrust it to a foundation or animal protection association recognised as being in the public interest or declared. The decision mentions the place of placement and is valid until a ruling has been made on the offence.
Where the conditions of placement are likely to render the animal dangerous or endanger its health or no longer meet the physiological needs specific to its species, the examining magistrate, when the matter is referred to him, or the president of the judicial court or a judge delegated by him may, by reasoned order made on the application of the public prosecutor and after obtaining the opinion of a veterinarian, order that it be sold for valuable consideration or entrusted to a third party or that it be euthanised.
The same applies when the conditions under which an animal is placed entail conservation costs in excess of its economic value. The examining magistrate, when the matter is referred to him, the president of the judicial court or a judge delegated by him may, by reasoned order made on the application of the public prosecutor and after obtaining the opinion of an agricultural expert, order that the animal be sold for valuable consideration or entrusted to a third party or that it be euthanised.
This order shall be notified to the owner if he is known, who may refer it either to the first president of the court of appeal of the jurisdiction or to a magistrate of this court designated by him, or, in the case of an order by the investigating judge, to the investigating chamber under the conditions provided for in the fifth and sixth paragraphs of article 99.
The proceeds from the sale of the animal are deposited for a period of five years. Where the legal proceedings that gave rise to the seizure result in a dismissal or acquittal, the proceeds of the sale shall be returned to the person who owned the animal at the time of the seizure if that person so requests. If the animal has been entrusted to a third party, its owner may apply to the magistrate designated in the second paragraph for the animal to be returned.
The costs incurred in keeping the animal in the place of deposit shall be borne by the owner, unless otherwise decided by the magistrate designated in the second paragraph on an application for exemption or by the court ruling on the merits. This exemption may also be granted in the event of a dismissal or acquittal.
When, in the course of the legal proceedings, the conservation of the animal seized or removed is no longer necessary to establish the truth and the animal is likely to present a serious and immediate danger to people or domestic animals, the public prosecutor or the investigating judge when the matter is referred to him or her shall order the animal to be handed over to the administrative authority so that the latter can implement the measures provided for in II of article L. 211-11 of the Rural and Maritime Fishing Code.
