Austria

Federal Law no 135: Cooperation with the International Criminal Court

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.

Keywords

Transfer of fines to the ICC
Transfer of forfeitures to the ICC
Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders



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