Spans in 'Austria: Cooperation with the ICC' tagged with 'Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders'

'Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders' in document 'Austria: Cooperation with the ICC'

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More information about the document 'Austria: Cooperation with the ICC'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 2
Specific provisions

Section 6

41. Acceptance of enforcement of fines and forfeiture measures

8. The proceeds from the enforcement of fines and forfeiture measures are to be transferred to the International Criminal Court, subject to the provision in paragraph 9 below.
9. Fines, objects and other assets may be retained in the Republic of Austria if:
(1) the injured person resides or usually lives in Austria and they are to be granted to him or her;
(2) an authority files a claim to them;
(3) a person not involved in the criminal offence claims rights thereto;
(4) they are required for legal proceedings in Austria.
10. Should a person file a claim pursuant to paragraph 9 above, any consideration as to whether to grant the money or assets requires the consent of the International Criminal Court.

RELEVANT ROME STATUTE PROVISIONS

Article 109
Enforcement of fines and forfeiture measures
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.