CHAPTER 4. ENFORCEMENT OF SENTENCES
ยง 1. General
Section 55
Sentences imposed by the ICC by final decision may be enforced in the Netherlands at the request of the ICC and having regard to the provisions of this chapter.
Section 56
1. No pardon may be requested or granted in respect of sentences of imprisonment which have been imposed by the ICC for one or more of the crimes referred to in article 5 of the Statute and which are being enforced in the Netherlands. A request for reduction or remission of such a sentence shall be immediately referred by Our Minister to the ICC.
2. At the request of the ICC, Our Minister shall inform the ICC of his opinion on the review of a sentence as referred to in subsection 1, in accordance with article 110 of the Statute. For this purpose, Our Minister may request the advice from The Hague District Court and may request from third parties all information which he considers necessary.
3. A pardon may be requested and granted, in accordance with article 558 of the Code of Criminal Procedure, in respect of sentences of imprisonment which have been imposed by the ICC for offences against the administration of justice of the ICC as referred to in article 70, paragraph 1, of the Statute and in respect of other sentences imposed by the ICC if enforcement takes place in the Netherlands. Before a decision is taken on the granting of a pardon, Our Minister shall consult with the ICC in order to learn its views.
Section 57
Sections 61-64a and 66 of the Transfer of Enforcement of Criminal Judgments Act (Wet overdracht tenuitvoerlegging strafvonnissen) shall apply mutatis mutandis to warrants for provisional deprivation of liberty issued under this chapter.
Section 58
1. Civil law decisions taken by the ICC in accordance with article 75 of the Statute shall be recognised in the Netherlands and may be enforced after they have been declared enforceable at the request of an interested party.
2. Recognition and enforcement shall not take place if:
(a) recognition and enforcement would be manifestly contrary to Dutch public order;
(b) in the case where the defendant was absent at the reparations proceedings before the ICC, the document initiating the action or a comparable document was not served on or communicated to the defendant in the prescribed way and in sufficient time for his defence, unless the defendant failed to apply the legal remedies open to him;
(c) the decision is incompatible with a decision given in the Kingdom of the Netherlands between the same parties;
(d) the decision is incompatible with a decision given previously in a different State between the same parties in a dispute that was based on the same subject and has the same cause, provided that the latter decision complies with the conditions for recognition in the Netherlands.
3. The jurisdiction of the ICC shall not be reviewed by the courts. The rules governing the jurisdiction of the ICC do not relate to public order as referred to in subsection 2 (a).
4. Under no circumstances may there be a review of the correctness of a decision given by the ICC.
5. Only decisions of the ICC against which no further ordinary legal remedy exists are eligible for enforcement.
6. Decisions of the ICC which result in compensation that exceeds the material and non-material damage actually suffered shall not be recognised in so far as they are excessive.
7. Requests as referred to in subsections 1 and 6 shall be addressed to the judge at The Hague District Court who hears applications for provisional relief.
8. In so far as not provided otherwise in this section, the provisions of articles 985-992 of the Code of Civil Procedure shall apply mutatis mutandis to the request.
Enforcement of sentence of imprisonment
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