CONSTITUTION · BUDGET · ACCOUNTABILITY

Asset-based sanctions: severity without arbitrary confiscation

Assets may be affected by a judicial penalty, never by automatic political retaliation.

Asset-based sanctions: severity without arbitrary confiscation
Asset-based sanctions: severity without arbitrary confiscation
Document status : Citizen working prototype requiring expert review: these drafts are not opinions of the Conseil d’État, the Constitutional Council or any public institution.

Existing confiscation law

French criminal law already provides for confiscation of instruments and proceeds, confiscation by value and, in defined cases, broader confiscation, while protecting good-faith third-party owners.

Constitutional constraint

Punitive sanctions must satisfy legality, necessity, proportionality and individualization. Automatic seizure solely because someone held office would therefore be highly vulnerable.

Working ladder

uses a three-level framework: individualized personal fine; confiscation connected to the offence under general law; and only as an option for expert review, a capped asset-based penalty for the most serious intentional violations.

Third parties

Spouses, children, co-owners, creditors and other good-faith parties must have their rights protected.

Working documents and data

Legal and institutional sources

French Constitution, Article 34

Article 26

Article 47

Article 47-2

Article 61

Articles 67 and 68

Article 68-1

Article 89

French fiscal council — official missions

Organic Budget Act, Article 61

Financial Courts Code, L.131-2

Criminal Code, Article 131-21

Swiss debt brake

German Basic Law, Articles 109 and 115