'Transfer of fines to the ICC' in document 'Germany: Cooperation with ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 4 Mutual Assistance through the Execution of Decisions and Orders of the Court

§ 43 Enforcement of Monetary Fines
(relating to Article 77 para. 2(a), Article 109 para. 1 of the Rome Statute)

(4) § 459b and 459c para. 2 and 3 of the Criminal Procedure Code apply mutatis mutandis. The result of the enforcement shall be reported to the Court and the fine collected shall be transferred to it.

RELEVANT ROME STATUTE PROVISIONS

Article 109
Enforcement of fines and forfeiture measures
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.

Article 79
Trust Fund
1. A Trust Fund shall be established by decision of the Assembly of States Parties for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims.
2. The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund.
3. The Trust Fund shall be managed according to criteria to be determined by the Assembly of States Parties.

ANALYSIS

This provision follows the ICC Statute.