CHAPTER 4. ENFORCEMENT OF SENTENCES
ยง 2. Provisional measures
Section 61
1. Following a request of the ICC for cooperation or for enforcement of a forfeiture order, a financial investigation may be initiated under the criminal law (strafrechtelijk financieel onderzoek) in accordance with the provisions of Part 9, Title IV, Book 1 of the Code of Criminal Procedure in order to determine whether any advantage illegally obtained by a person subject to investigation by the ICC is present or has been acquired in the Netherlands. For this purpose an illegally obtained advantage is deemed to include objects that have been acquired, directly or indirectly, by means of the crime of which the person concerned is suspected.
2. During a financial investigation under the criminal law, objects may be seized in accordance with article 94, paragraph 2, and article 94a, paragraph 2 of the Code of Criminal Procedure only if there is good reason to believe that a request for enforcement of a forfeiture order will be made by the ICC in respect of such objects or that section 82, subsection 4 will be applied.
3. The public prosecutor shall notify Our Minister immediately of the institution or, as the case may be, conclusion of a financial investigation under the criminal law. At the same time he shall communicate all information useful for the ICC.
Section 62
1. Following a request of the ICC objects may be seized:
(a) in respect of which a forfeiture order may be issued by the ICC;
(b) to protect the right of recovery in respect of an obligation to be imposed in accordance with section 82, subsection 4 for payment of a sum of money to the State to deprive the person concerned of an illegally obtained advantage, or
(c) which can serve to prove an illegally obtained advantage.
2. Seizure as referred to in subsection 1 (a) and (b) may take place only if:
(a) it is permitted under Dutch law and
(b) there are good reasons to assume that a request for enforcement of a forfeiture order will be made by the ICC in respect of such objects or that section 82, subsection 4, will be applied.
Section 63
1. At the request of the ICC, objects may be seized in respect of which the ICC has issued a forfeiture order.
2. Seizure as referred to in subsection 1 may take place only if:
(a) it is permitted under Dutch law and
(b) there are good reasons to believe that the order referred to in subsection 1 will be enforced in the Netherlands in the near future.
Section 64
1. Those empowered to seize objects as referred to in articles 62 and 63 are the investigating judge and, in so far as the power is not reserved to the investigating judge, the public prosecutor and assistant public prosecutor. On the application of a public prosecutor, the investigating judge may exercise the powers to which he is entitled in a preliminary judicial investigation.
2. Articles 94b-94d, 96-119, 552a, 552c, 552ca, 552e and 556 of the Code of Criminal Procedure shall apply mutatis mutandis.
Section 65
1. Where articles 552a or 552c of the Code of Criminal Procedure are applicable mutatis mutandis, the court shall not initiate a new investigation into the rights of interested parties if these rights have already been determined by the ICC in connection with a forfeiture order. The court may initiate a new investigation of this kind only if:
(a) such determination relates to rights in respect of immovable property situated in the Netherlands or property registered (registergoederen) in the Netherlands;
(b) such determination relates to the validity, nullity or dissolution of legal persons established in the Netherlands or the resolutions of their organs;
(c) such determination has occurred without the interested party having appeared and having been given timely notice of the proceedings;
(d) such determination is incompatible with a judicial decision given previously in respect of this matter in the Netherlands;
(e) recognition of such determination would be incompatible with Dutch public order.
2. If and as long as proceedings are pending before the ICC in respect of the rights of an interested party, a notice of complaint or an application by him shall not be admissible.
Enforcement of forfeiture orders
Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders
Search and seizure - authority - ICC proceedings
Search and seizure - national procedures for ICC proceedings
Forfeiture of assets - authority - ICC proceedings
Forfeiture of assets - national procedures for ICC proceedings
EDIT.