Netherlands

International Criminal Court Implementation Act 2002

CHAPTER 4. ENFORCEMENT OF SENTENCES
§ 4. Enforcement of other penalties and orders
Section 83
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 reparation order as referred to in article 75 of the Statute, entailing an obligation on the sentenced person to pay a sum of money to or in respect of one or more beneficiaries.
2. The public prosecutor shall call the beneficiary or beneficiaries to attend, unless a calling of these persons is not reasonably possible.
3. A beneficiary has the right to disclosure of documents.
4. A beneficiary may arrange to be assisted. He may also arrange to be represented by a lawyer, if the latter declares that he is specifically authorised, or by a representative specially authorised by the beneficiary in writing.
5. At the hearing the beneficiary shall be given the opportunity to address the court regarding the application of the public prosecutor.
6. If the District Court grants leave to enforce the order referred to in subsection 1, it shall impose an obligation on the sentenced person, in accordance with article 36f, paragraph 1 of the Criminal Code, to pay a sum of money to the State in respect of the beneficiary or beneficiaries.
7. Under no circumstances may the District Court determine a sum of money exceeding that determined by the ICC. The District Court shall not reinvestigate the rights of the interested parties, unless recognition of the decision of the ICC on this subject would be incompatible with Dutch public order.
8. The State shall remit forthwith any amount received to the persons or institutions designated by the ICC.
9. Article 36f, paragraphs 4-6 of the Criminal Code shall apply mutatis mutandis.

Keywords

Reparations to victims - ICC proceedings
Reparations to victims - national procedures for ICC proceedings



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