Section 111b
Seizure to secure confiscation or rendering unusable of object
(1) If it is reasonable to assume that the conditions for the confiscation or rendering unusable of an object are met, the object may be seized to secure enforcement. If there are cogent reasons justifying this assumption, such seizure is, as a rule, to be ordered. Section 94 (3) remains unaffected.
(2) Sections 102 to 110 apply accordingly.
Section 111e
Asset seizure to secure confiscation of equivalent sum of money
(1) If it is reasonable to assume that the conditions for confiscation of the equivalent sum of money are met, seizure of the person concerned’s movable and immovable assets may be ordered to secure enforcement. If there are cogent reasons justifying this assumption, such asset seizure is, as a rule, to be ordered.
(2) Asset seizure may also be ordered to secure enforcement of a fine and the anticipated costs of the criminal proceedings where a judgment or summary penalty order has been made against the accused.
(3) Seizure is not effected to secure the costs of enforcement.
(4) The claim to be secured, including the amount of money, must be designated in the order. In addition, the order must indicate a sum of money which the person concerned may deposit in order to avert enforcement of and demand the setting aside of the seizure; section 108 (1) of the Code of Civil Procedure applies accordingly.
(5) Sections 102 to 110 apply accordingly.
(6) The possibility of issuing an order pursuant to section 324 of the Fiscal Code poses no obstacle to the issuing of an order pursuant to subsection (1).
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.