Netherlands

International Criminal Court Implementation Act 2002

CHAPTER 4. ENFORCEMENT OF SENTENCES
§ 4. Enforcement of other penalties and orders
Section 82
1. Without prejudice to the other provisions of § 4 of this chapter, this article shall apply to a request of the ICC for enforcement of a forfeiture order.
2. When making his application as referred to in section 73, the public prosecutor shall also submit a list of objects or claims which have been seized pursuant to sections 61-63.
3. If the District Court grants leave to enforce a forfeiture order, it shall declare the relevant objects to be forfeited. In that case the District Court is not bound by limitations under article 33a, paragraph 1 (a) of the Criminal Code. If forfeiture of one or more objects is not possible, the District Court may declare that the objects concerned are withdrawn from circulation (onttrekking aan het verkeer) in accordance with articles 36b-36d of the Criminal Code.
4. If forfeiture or withdrawal from circulation of one or more of the objects is impossible, the District Court shall impose an obligation on the sentenced person to pay a sum of money to the State in order to deprive him of his illegally obtained advantage. Subject to the decision of the ICC, it shall determine the amount to be paid as the amount of the objects or the part thereof whose forfeiture or withdrawal from circulation is impossible.
5. Articles 552b, 552e and 552g of the Code of Criminal Procedure shall apply mutatis mutandis to rulings in so far as they impose a forfeiture or withdrawal from circulation.
6. Article 577b of the Code of Criminal Procedure shall apply mutatis mutandis to rulings in so far as they impose an obligation to pay a sum of money to the State by way of deprivation of an illegally obtained advantage.
7. Article 65 shall apply mutatis mutandis.

Keywords

Enforcement of forfeiture orders
Forfeiture of assets - authority - ICC proceedings
Forfeiture of assets - national procedures for ICC proceedings



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