France

Code of Criminal Procedure: Loi relative à la coopération avec la Cour pénale internationale N. 2002-268 du 26 février 2002

ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER II THE EXECUTION OF SENTENCES AND COMPENSATION IN FAVOUR OF VICTIMS
SECTION 1: THE EXECUTION OF FINES AND CONFISCATION ORDERS AND COMPENSATION IN FAVOUR OF VICTIMS

Article 627-16

(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)

Where the International Criminal Court so requests, the enforcement of fines and seizures or decisions relating to compensation pronounced by that court is authorised by the correctional court of Paris, which is seised of the case by the district prosecutor. The procedure followed in the correctional court follows the rules contained in the present Code.
The court is bound by the International Criminal Court’s decision, including orders affecting the rights of third parties. However, in cases where a confiscation order is carried out, it may order any measures designed to ensure recovery of the value of the product, assets or holding that the court has ordered to be confiscated, where it appears that the confiscation order cannot be carried out. The court hears the convicted person as well as any other person who has rights over these assets, if necessary by letters rogatory. These persons may be represented by an advocate.
Where the court finds that the enforcement of a confiscation or compensation order could harm a bona fide third party who cannot appeal against the order, it informs the district prosecutor for the purpose of sending the matter back to the International Criminal Court, which takes the necessary action.

Article 627-17

(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)

The authorisation for execution which the correctional court orders under the previous article involves, in accordance with the decision of the International Criminal Court, the transfer of the value of the fines and the confiscated assets or the proceeds of their sale to the court or to a fund for victims. These assets or sums may also be awarded to the victims, if the court so decides and has so designated them.
Any challenge concerning the allocation of the proceeds of the fines, assets or the proceeds of their sale is sent to the International Criminal Court, which takes the necessary action.

Keywords

Enforcement of fines
Enforcement of forfeiture orders
Reparations to victims - ICC proceedings
Reparations to victims - national procedures for ICC proceedings



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