Return of items held by the courts: Article 99 of the Code of Criminal Procedure does not allow the investigation to be challenged

This decision provides an important insight into your family and estate rights. Here is what it means for you.

The situation

The provisions of Article 99 of the Code of Criminal Procedure, which establish a procedure enabling any third party claiming a right over an item placed in the custody of the courts to apply for its return, do not authorise that third party to have adjudicated, on that occasion, the regularity of the acts of the judicial investigation, even those acts by virtue of which the item was placed in the custody of the courts (1).

What the law says

This decision reaffirms the fundamental principles of property law.

Key points to remember

• Scrupulously observe the statutory time limits for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Plan ahead: preventive advice is always cheaper than a dispute

For an analysis of your situation: 30-minute consultation at €70 with Maître Perucca.