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MONACO LAW REVIEW | DECEMBER 2025 | SPECIAL REPORT
To guarantee the effectiveness of this remedy, the Public
Prosecutor must disclose to the applicant’s lawyer a copy of the
procedural documents relating to the execution of the request,
together with the list of measures sought by the requesting
authority.
However, any challenge to the grounds underlying the foreign
request falls within the jurisdiction of the requesting State, in
accordance with paragraph 7 of Article 596-13 of the Code of
Criminal Procedure.
Finally, a third party to the proceedings does not have standing
to seek the annulment of an act performed by the judge or
carried out at the judge’s request.
The provisions of Article 209 of the Code of Criminal Procedure
do not apply to third parties.
Case Law on Seizures
• Nature of the Assets Seized
Although Article 100 of the Code of Criminal Procedure does
not expressly refer to the possibility of seizing immovable
property or blocking bank accounts, such measures are fully
admissible under that article, provided that they are useful
for establishing the truth and for preventing the dissipation
of funds that may constitute the object or the proceeds of the
offences reported.
The application of Article 596-1 of the Code of Criminal
Procedure, for its part, requires determining whether the
asset at issue is liable to confi scation within the meaning of
Article 12 of the Criminal Code, which necessitates prior
verifi cation.
• Proportionality of Seizures
As a general rule, the amount seized must not exceed the
value of the proceeds of the offences alleged.
• Duration of Seizures
With regard to the length of time for which a seizure has been
in place, the Court of Revision takes an in concreto approach to
the duration, examining whether the length of the interference
is justifi ed by the investigations to be carried out. The Court
accepts that a seizure is not contrary to the principle of
reasonableness where the complexity of the case requires
numerous technical and fi nancial checks, and where the case
has an international dimension.
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