FRANCE Trends and Developments Contributed by: Christophe Ingrain, Paul Mallet, Isaac Arnoud and Arthur Teisseire, Darrois Villey Maillot & Brochier
this new office will have a national competence to handle the most serious organised crime cases, including those with significant economic or financial dimensions. The PNACO embodies a trend towards centralised expertise and inter-agency co-ordination, designed to enhance prosecutorial efficiency in complex investiga - tions. In the long term, this specialisation may pave the way for a more integrated approach to financial and corporate criminality, reflecting the growing over - lap between organised crime, corruption, and money laundering. Strengthening the fight against money laundering The law strengthens anti-money laundering mecha - nisms, expanding both oversight and enforcement capabilities. Among the key measures introduced are the temporary closure of businesses suspected of laundering illicit funds, as well as broader data col - lection powers for TRACFIN and customs authorities. The law also introduces new vigilance obligations for non-financial sectors, including luxury rentals, yachts, and real estate promotion. Furthermore, a presump - tion of laundering is established for crypto-asset “mix - ers” that obscure the origins of funds. Finally, a new administrative freezing procedure is put in place, mod - elled on existing anti-terrorism tools. Expanding investigative and judicial tools Law No 2025-532 of 13 June 2025, aimed at com - bating drug trafficking, also expands the range of investigative techniques available to law enforce - ment authorities. It introduces several new mecha - nisms designed to enhance the operational efficiency of investigations into organised crime. These include the extension of satellite interception authorisations until 2028, the remote activation of electronic devices for sound and image capture, the use of civilian infil - tration under judicial control, and the anonymisation of investigators and interpreters. Together, these meas - ures reflect a broader movement towards operational pragmatism, prioritising investigative effectiveness over procedural formality. Among these innovations, particular attention has been drawn to the creation of the so-called dossier coffre , a “sealed file” mechanism allowing certain
elements of an investigation to be excluded from the procedural record accessible to the defence. This measure applies in cases involving organised crime and the use of special investigative techniques, such as interception of communications, sound or image recording, remote data capture, or access to stored electronic communications. When the disclosure of operational details would seriously endanger the life or safety of persons involved, the liberty and custody judge ( juge des libertés et de la détention , JLD) may authorise the omission of specific information – such as the date, time, and location of surveillance opera - tions, or the identity of the agents who installed or removed the devices – from the case file available to the suspect. The concealed information is placed in a sealed file accessible only to the magistrates conducting the investigation, with safeguards in place: the prosecutor or investigating judge’s request and the authorisation by the JLD must be reasoned and attached to the main file, and the person concerned can challenge the decision within ten days. However, this system fun - damentally restricts the rights of the defence, as the general principle is that neither the accused nor their counsel can access the sealed file unless the decision of the JLD is contested. This limitation prevents the defence from verifying the regularity of investigative acts or challenging potential procedural irregularities. This mechanism, upheld in principle by the Consti - tutional Council in decision No 2025-885 DC of 12 June 2025, was nevertheless partially invalidated. The Council censured the provision allowing, even exceptionally, a conviction to be based on elements contained in the sealed file that had not been fully sub - jected to adversarial debate, finding such a possibility contrary to Article 16 of the 1789 Declaration of the Rights of Man and of the Citizen, which enshrines the rights of the defence. Despite this partial annulment, the “ dossier coffre ” remains a significant innovation, illustrating the growing empowerment of investigators in the fight against organised crime. In this sense, the Narcotrafficking Law confirms a profound shift in French criminal procedure towards greater flexibility and secrecy in complex investiga - tions. While conceived for organised crime, these
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