CHAPTER 4. ENFORCEMENT OF SENTENCES
§ 3. Enforcement of sentences of imprisonment
Section 66
§ 3 of this chapter applies to a request of the ICC to enforce a sentence of imprisonment it has imposed:
(a) if the Netherlands has indicated its willingness to accept sentenced persons and the ICC designates the Netherlands in accordance with article 103, paragraph 1 (a), of the Statute;
(b) if the Netherlands is obliged, as host State, to enforce the sentence of imprisonment in accordance with article 103, paragraph 4, of the Statute.
Section 67
1. In the case referred to in section 66 (a), Our Minister shall decide whether the designation by the ICC is accepted.
2. Article 10 of the Criminal Code shall not apply to a decision of Our Minister as referred to in subsection 1.
3. Our Minister shall notify the ICC as soon as possible of his decision.
4. The enforcement shall be carried out by Our Minister on the recommendation of the public prosecutor at The Hague District Court.
Section 68
1. In the case referred to in section 66 (b), the sentence of imprisonment imposed by the ICC shall, on the instructions of Our Minister, be enforced or further enforced in the Netherlands in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2, of the Statute. Article 10 of the Criminal Code shall not apply to the decision of Our Minister.
2. Section 67, subsections 3 and 4, shall apply mutatis mutandis.
Section 69
1. Enforcement in accordance with section 67, subsection 4, or section 68, subsection 2 of a sentence of imprisonment imposed by the ICC shall be carried out subject to the provisions laid down by or pursuant to the Criminal Code, the Code of Criminal Procedure, the Penitentiary Principles Act (Penitentiaire beginselenwet) or any specific criminal statute relating to the enforcement of judicial decisions.
2. Articles 15-15d of the Criminal Code shall not apply, except in respect of a sentence of imprisonment imposed by the ICC for an offence against the administration of justice of the ICC as referred to in article 70, paragraph 1 of the Statute.
Section 70
1. If the ICC decides in accordance with article 104 of the Statute to transfer the sentenced person to another State, the person concerned shall be delivered to the authorities of that State as soon as possible, at such time and place as may be determined by Our Minister after consultation with those authorities.
2. Enforcement in the Netherlands of the sentence of imprisonment shall end automatically at the moment when the person concerned is delivered to the authorities referred to in subsection 1.
Section 71
1. Communications exchanged between the sentenced person and the ICC shall not be restricted and are confidential. A petition or any other document may be lodged by the sentenced person through the intermediary of the governor of the institution where the sentenced person is detained. The governor shall ensure that the document is dated and forwarded to the ICC immediately.
2. Persons designated for this purpose by the ICC shall have access to the sentenced person, in accordance with section 38, subsection 7, second, third and fourth sentences of the Penitentiary Principles Act, in the institution where he is detained.
3. Requests by the ICC for information needed for the exercise of its supervisory duties in accordance with article 106 of the Statute shall be granted by Our Minister to the extent possible.
4. At the request of the ICC, a sentenced person shall, if he consents, be temporarily placed at the disposal of the ICC for the purpose of any investigation to be carried out by the ICC in connection with the enforcement.
Enforcement of sentence of imprisonment
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