Enforcement of fines

Republic of Serbia

Law on cooperation with the International Criminal Court


Article 33

When the International Criminal Court requests from the Republic of Serbia to enforce a decision on fine, seizure of property of the accused person's or compensation of damages to victims of crime referred to in Article 1 of this Law, the procedure of enforcement shall be conducted by the court in the Republic of Serbia competent for enforcement, in accordance with the law.

If the enforcement procedure has not been carried out, partially or in entirety, due to the fact that the debtor's property does not comprise funds appropriate to be the subject of enforcement, or for other reasons set forth in the law, the competent enforcement court shall notify the Ministry about it.

The Ministry shall without delay notify the International Criminal Court on the impediments referred to in paragraph 2 of this Article, for the purposes of consultations on further actions.

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.