Forfeiture of assets

Republic of Finland

Finland - Implementation ICC Statute 2000 EN

Section 8

(1) The enforcement of forfeiture of proceeds, property and assets derived from the crime, ordered by the International Criminal Court, shall take place in Finland in accordance with the provisions of the Act on International Cooperation in the Enforcement of Certain Penal Sanctions (21/1987) where applicable. However, the provisions in section 3 of the Act, concerning the conditions for enforcement, shall not be applied.
(2) Upon an order given by the Ministry of Justice, the proceeds, property and assets derived from the crime shall be transferred as requested by the Court.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

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.