Fiches Belges

Yes. Pursuant Regulation (EU) 2018/1805, a freezing order is a decision issued or validated by an issuing authority in order to prevent the destruction, transformation, removal, transfer or disposal of property with a view to the confiscation thereof. Hence, freezing of assets falls under Luxembourg law within the definition of seizure, i.e. placing in the hands of Justice of any object, document or effects that were used, or intended to be used, for the commission of a criminal offence, that are the object or product thereof, that may help to establish the truth or whose use would be detrimental to the good conduct of the investigation, as well as anything that is likely to be confiscated or restituted. Please refer to Provisional measures (freezing of evidence, A.31).

Regulation (EU) 2018/1805 (as implemented by the Law of 23rd December 2022).

The investigating judge is the competent authority for both issuing and executing a freezing certificate. The General Public Prosecutor Office is designated as the central authority responsible for the administrative transmission and reception of freezing certificates.

Translation of the freezing certificates into French, German or English.

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The issuing authority is required to transmit the original freezing order or a certified copy thereof together with the freezing certificate. Recognition and execution of freezing certificates might be refused for the grounds provided under article 8 Regulation 2018/1805. The investigating judge shall inform the affected person about the decision to recognize and execute the freezing certificate. Nonetheless, the information can be postponed at the request of the issuing authority where necessary to protect ongoing investigations. Within five working days after being informed, affected persons can lodge can lodge an action for annulment against the decision to recognize and execute a freezing certificate with the Pre-Trial chamber of the competent District Court.