Enforcement of forfeiture orders

Republic of Austria

Austria - Extradition and Mutual Assistance (EN/DE) 1979 (2020)

TITLE V
Taking Over the Prosecution of a Case and Surveillance; Execution of Foreign Criminal-Court Decisions

CHAPTER THREE
Execution of Foreign Criminal-Court Decisions

Prerequisites
ยง 64. (5) Moreover, the execution of a decision by a foreign court imposing a fine or forfeiture shall only be admissible if its collection in Austria may be expected and the person concerned has been heard, to the extent that he/she can be contacted.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.