Spans in 'Belgium Cooperation Act 2004' tagged with 'Enforcement of forfeiture orders'

'Enforcement of forfeiture orders' in document 'Belgium Cooperation Act 2004'

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More information about the keyword 'Enforcement of forfeiture orders'
More information about the document 'Belgium Cooperation Act 2004'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER VI ENFORCEMENT OF SENTENCES PRONOUNCED BY THE COURT

Article 40
Belgium shall give effect to fines or forfeitures ordered by the Court under Part 7 of the Statute, without prejudice to the rights of bona fide third parties. When a request for the enforcement of a forfeiture judgement is addressed to Belgium by the Court, the criminal court of the place where the property subject to forfeiture is located shall render the decision enforceable, after hearing the public prosecutor and the convicted person or the latter’s counsel. In accordance with article 109, paragraph 2 of the Statute, if it is impossible to give effect to a forfeiture order, equivalent forfeiture measures as specified in article 43bis, paragraph 2 of the Criminal Code may be ordered by the criminal court of the place where the property subject to forfeiture is located, without prejudice to the rights of bona fide third parties. Property or the proceeds of the sale of real property or, where appropriate, the sale of other property obtained from the enforcement of a judgement of the Court shall be transferred to the Court via the central authority.

RELEVANT ROME STATUTE PROVISIONS

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
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.