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For several months, the French judicial authorities appear to have adopted a particularly stringent approach toward individuals convicted by French courts who are now residing in Israel.<\/p>\n
For many years, pursuant to the 1957 European Convention on Extradition, the preferred procedure consisted of requesting the extradition of wanted individuals. This process, however, was particularly burdensome and complex, involving lengthy processing times, numerous appeals, and extensive judicial review by the Israeli courts.<\/p>\n
Today, a new practice appears to be emerging whereby the French authorities are requesting that the Israeli authorities directly enforce final French criminal judgments on Israeli territory. In certain cases, these requests are accompanied by applications for the confiscation or seizure of assets.<\/p>\n
This significant development has been highlighted in several international tax fraud cases, but it may also affect any individual convicted in France who has subsequently transferred both their residence and their assets to Israel.<\/p>\n
Can a criminal conviction handed down in France truly be enforced in Israel without first going through extradition proceedings?<\/p>\n
The answer is more nuanced than it may appear, as a French criminal judgment is not automatically enforceable in Israel<\/strong>.<\/p>\n Under the principles of international law, each State remains sovereign, and this is particularly true of Israel.<\/p>\n Accordingly, a judgment rendered by a French court does not automatically produce enforceable legal effects within Israeli territory.<\/p>\n The enforcement of a foreign criminal judgment necessarily requires the involvement of the Israeli authorities, which must determine whether the conditions laid down by Israeli law and the applicable international agreements have been satisfied.<\/p>\n In other words, the mere transmission of a French criminal judgment to the Israeli authorities does not result in its automatic enforcement in Israel.<\/p>\n Judicial review by the Israeli courts remains an essential safeguard.<\/p>\n This evolving approach adopted by the French judicial authorities raises a number of important legal issues for which the current legal framework does not always provide clear answers.<\/p>\n In particular, the following questions arise:<\/p>\n These questions are far from merely theoretical, as they directly affect the legality of the enforcement proceedings.<\/p>\n It is important to recall that, in the field of the international enforcement of judicial decisions, no presumption of automatic enforceability exists<\/strong>.<\/p>\n The enforcement of a foreign judgment traditionally requires that several legal conditions be satisfied, including:<\/p>\n Each of these issues may give rise to thorough judicial scrutiny before the competent Israeli courts.<\/p>\n In its decision of 24 June 2015 (No. 13-87.316)<\/strong>, the Criminal Chamber of the French Court of Cassation reaffirmed that, in matters of international criminal law, the enforcement of a foreign criminal judgment may only take place where expressly authorized by a specific statutory or treaty-based legal framework.<\/p>\n This case law reflects a well-established principle of international law: the enforcement of a foreign criminal judgment can never be presumed and always remains subject to the review and approval of the requested State.<\/strong><\/p>\n On what specific legal basis are the French authorities currently seeking the enforcement in Israel of French criminal convictions?<\/p>\n This question is of fundamental importance, as any request addressed to a foreign State must be grounded in domestic legislation, an applicable international treaty, or a duly established mechanism of judicial cooperation.<\/p>\n Failing such a legal basis, the admissibility of the request itself may be challenged before the competent courts.<\/p>\n Accordingly, each case requires an individual legal assessment in order to verify:<\/p>\n Protecting your rights therefore requires a thorough command of both the French and Israeli legal systems.<\/p>\n Abitbol & Associates provides comprehensive legal representation in both French and Israeli criminal law, offering a decisive advantage in this highly specialized area of litigation.<\/p>\n Our firm represents clients before both the French courts and the Israeli authorities, ensuring a coordinated and consistent defence strategy across both jurisdictions.<\/p>\n Our legal services include:<\/p>\n <\/p>\n\n\t\t The importance of expert assistance<\/strong><\/p>\n Our in-depth knowledge of the judicial cooperation mechanisms between France and Israel enables us to develop a comprehensive defence strategy tailored to the specific complexities of each matter.<\/p>\n For this reason, we strongly recommend taking legal advice as soon as you receive a summons, a request for information, an official notification, a movable or immovable property seizure, or an asset-freezing order.<\/p>\n In this type of litigation, time is of the essence. Acting promptly often makes it possible to identify procedural irregularities, safeguard the rights of the defence, and pursue the most appropriate legal remedies before enforcement measures are implemented.<\/p>\n As international judicial cooperation continues to evolve, an effective defence cannot be improvised. Drawing upon its dual expertise in French and Israeli law, Abitbol & Associates provides tailored legal assistance to clients facing the enforcement of French judicial decisions in Israel.<\/p>\n Do you reside in Israel and have you been convicted by a French court?<\/strong><\/p>\n Are you concerned about the enforcement of a French judgment, the confiscation of your assets, or the freezing of your bank accounts or other property?<\/strong><\/p>\n Our attorneys are available to conduct a confidential assessment of your case, review the legality of the proceedings initiated against you, and work with you to develop a defence strategy specifically tailored to your circumstances.<\/p>\n\t\t\t<\/div> \n\t\t<\/div> \n NB: This article is provided for information purposes only. Each file\/case must accordingly be the subject of a specific review, and the information contained in this article does not constitute legal advice.<\/strong><\/p>\n 13 Av Hubert Germain – Paris 16\u1d49 13 rue Shimon ben Shetah, 9414713, J\u00e9rusalem\n
Safeguards Against the Automatic Enforcement of French Criminal Judgments<\/h3>\n
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Relevant Case Law<\/h3>\n
The Key Issue: The Legal Basis for France’s Request<\/h2>\n
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The Expertise of Abitbol & Associates<\/h2>\n
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