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)
(1) Monetary fines shall be enforced when:
1. requested by the Court upon presentation of a complete final and enforceable
court ruling on guilt and punishment, and
2. the request states up to which amount the monetary fine is to be enforced domestically insofar as the Court has requested enforcement of monetary fines from more than one state.
To the extent that the monetary fine to be enforced is stated in a currency other than Euro, the exchange rate officially set on the day of receipt of the request shall be used for the conversion.
(2) The Court-Fee Collection Ordinance (Justizbeitreibungsordnung) applies to the enforcement of monetary fines as far as this law does not otherwise provide.
(3) The fine is due upon receipt of the request. For interpretation of the rulings on guilt or sentencing, the calculation of the imposed penalty, objections to the permissibility of the enforcement of the penalty, or when under German law the prerequisites of § 459a of the Criminal Procedure Code would be met, a decision of the Court shall be obtained. The progress of the enforcement shall not be inhibited hereby; the office responsible pursuant to § 46 para. 2 may, however, postpone or suspend the enforcement. A continuation of enforcement at a later point in time shall be ensured by appropriate measures; to this end, a search of the convicted person, his living quarters and possessions, as well as the confiscation of objects, is allowed.
(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.
(5) To the extent the Court, because of the uncollectability of a monetary fine, lengthens the imposed detention based upon a criminal act in Article 5 of the Rome Statute or, because of the uncollectability of an imposed monetary fine based upon a criminal act as set forth in Article 70 para. 1 of the Rome Statute, imposes a prison sentence, §§ 41 and 42 apply to the enforcement of the prison sentence.
Enforcement of fines
Reparations to victims - ICC proceedings
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