CHAPTER 4. ENFORCEMENT OF SENTENCES

§ 4. Enforcement of other penalties and orders

Section 72
§ 4 of this chapter applies to a request of the ICC to enforce one or more of the following penalties imposed and orders issued by the ICC:
(a) a fine;
(b) an order for the forfeiture of proceeds, property and assets derived directly or indirectly from the crime;
(c) a reparation order as referred to in article 75 of the Statute, entailing an obligation on the sentenced person to pay a sum of money to or in respect of one or more beneficiaries.

Section 73
The public prosecutor shall apply to the District Court within two weeks of the date on which he receives the request, together with the accompanying documents, for leave to enforce the penalty or order. The public prosecutor shall lodge the documents with the District Court when making his application. A copy of the application shall be served on the sentenced person.

Section 74
1. As soon as possible after receipt of the application referred to in section 73, the president of the District Court shall determine the date on which the Court will start to deal with the application. A period of at least ten days must elapse between the day on which the sentenced person is given notice to appear at the hearing and the day of the hearing.

2. This period may be shortened with the consent of the sentenced person, provided that this consent is evidenced by a written statement.

Section 75
The clerk of the District Court shall immediately notify the public prosecutor and the sentenced person of the date set for the hearing of the application. If the sentenced person does not already have legal representation, he shall be informed of his right to choose one or more counsel and of the possibility of obtaining legal aid, as well as his right to disclosure of documents.

Section 76
1. The public prosecutor and the sentenced person are entitled to call witnesses and experts for the purpose of the investigation to be carried out by the District Court and the decisions to be taken by it under § 4 of this chapter.

2. The public prosecutor may, in a reasoned decision, refuse to call witnesses or experts if it may reasonably be assumed that they have been called by the sentenced person to give testimony at the hearing to dispute facts as referred to in section 78, subsection 3. The decision shall be immediately notified in writing to the sentenced person. He shall be informed in this connection of the provisions of section 78, subsection 5.

Section 77
1. The application shall be dealt with in the presence of the public prosecutor. The sentenced person shall be given the opportunity to attend the hearing and to be assisted by his counsel.

2. The hearing of the application shall be conducted in open court, unless the District Court directs, at the request of the sentenced person or for important reasons specified in the record of the hearing, that it be conducted in closed session.

3. If the sentenced person has been deprived of his liberty by law by order of the ICC or of the authorities of a foreign State, he may be transferred to the District Court to attend the hearing.

Section 78
1. The Court shall examine the identity of the sentenced person, the admissibility of the application of the public prosecutor and the possibility of enforcing the decision of the ICC in the Netherlands and the facts and circumstances of importance to its decision.

2. The public prosecutor and the sentenced person and his counsel shall be given the opportunity to be heard at the hearing of the District Court.

3. The District Court shall be bound by the determination of the facts on which the ICC manifestly based its decision. It shall not reinvestigate these facts.

4. Articles 260 paragraph 1, 268, 269 paragraph 5, 271 paragraph 1, 272, 273 paragraph 3, 274-277, 278 paragraph 2, 279, 280, 281, 286 paragraphs 1, 4, 5 and 6, 293, 299, 300, 301 paragraphs 1, 2, 4 and 5, 310, 311 paragraphs 2-4, 315-317, 319, 320, 322 paragraphs 1 and 2, 324, 326, 327, 328-331, 345 paragraphs 1-3, 346 and 347 of the Code of Criminal Procedure shall apply mutatis mutandis.

5. If the public prosecutor has refused in accordance with section 76, subsection 2 to call a witness, the sentenced person may request the District Court to order that the witness be called after all. The District Court shall grant this request if it considers that there were no reasonable grounds for the public prosecutor to arrive at that decision.

6. The articles referred to in subsection 4 shall not apply in so far as they relate to a witness whose identity is not known or only partially known.

7. The public prosecutor shall submit an opinion to the District Court after reading it out. If his opinion is that the request for enforcement should be granted, he shall describe the penalty or measure that should, in his view, be imposed instead of the penalty imposed by the ICC.

8. The public prosecutor may withdraw his application as referred to in section 73 provided that the investigation at the hearing has not been completed. He shall immediately inform the sentenced person of the withdrawal of the application.

Section 79
1. The District Court shall grant leave for enforcement of the decision of the ICC and shall impose, subject to the relevant provisions in the Statute, the penalty or measure which the corresponding offence carries under Dutch law. The ruling of the District Court must give reasons. Articles 353 and 357 of the Code of Criminal Procedure shall apply mutatis mutandis.

2. Under no circumstances may the District Court impose a heavier penalty or measure than that determined by the ICC.

3. No legal remedy lies against the ruling. The ruling is enforceable forthwith.

4. The District Court shall immediately send Our Minister a certified copy of its ruling.

5. Articles 363 and 365 of the Code of Criminal Procedure shall apply mutatis mutandis.

Section 80
Section 69, subsection 1 shall apply mutatis mutandis to the enforcement of a penalty or measure imposed on the basis of section 79.

Section 81
1. Without prejudice to the other provisions of § 4 of this chapter, this article shall apply to a request of the ICC for enforcement of a fine.

2. Article 23, paragraphs 3, 4, 7 and 8 of the Criminal Code shall not apply to the imposition of a fine in accordance with section 79, subsection 1.

3. An order as referred to in article 24c, paragraph 1 of the Criminal Code shall not be made in the case of the imposition of a fine.

4. If the sentenced person is unwilling to pay the amount owed and complete recovery has proved impossible or has been waived by the Public Prosecution Service, the public prosecutor shall return the request, together with the accompanying documents, as soon as possible to Our Minister, who will inform the ICC.

5. If, in the case referred to in subsection 4, the ICC extends the sentence of imprisonment imposed on the sentenced person and this sentence is being enforced in the Netherlands, sections 67 and 68 shall apply mutatis mutandis to the extension of the sentence of imprisonment.

Section 82
1. Without prejudice to the other provisions of § 4 of this chapter, this article shall apply to a request of the ICC for enforcement of a forfeiture order.

2. When making his application as referred to in section 73, the public prosecutor shall also submit a list of objects or claims which have been seized pursuant to sections 61-63.

3. If the District Court grants leave to enforce a forfeiture order, it shall declare the relevant objects to be forfeited. In that case the District Court is not bound by limitations under article 33a, paragraph 1 (a) of the Criminal Code. If forfeiture of one or more objects is not possible, the District Court may declare that the objects concerned are withdrawn from circulation (onttrekking aan het verkeer) in accordance with articles 36b-36d of the Criminal Code.

4. If forfeiture or withdrawal from circulation of one or more of the objects is impossible, the District Court shall impose an obligation on the sentenced person to pay a sum of money to the State in order to deprive him of his illegally obtained advantage. Subject to the decision of the ICC, it shall determine the amount to be paid as the amount of the objects or the part thereof whose forfeiture or withdrawal from circulation is impossible.

5. Articles 552b, 552e and 552g of the Code of Criminal Procedure shall apply mutatis mutandis to rulings in so far as they impose a forfeiture or withdrawal from circulation.

6. Article 577b of the Code of Criminal Procedure shall apply mutatis mutandis to rulings in so far as they impose an obligation to pay a sum of money to the State by way of deprivation of an illegally obtained advantage.

7. Article 65 shall apply mutatis mutandis.

Section 83
1. Without prejudice to the other provisions of § 4 of this chapter, this article shall apply to a request of the ICC for enforcement of a reparation order as referred to in article 75 of the Statute, entailing an obligation on the sentenced person to pay a sum of money to or in respect of one or more beneficiaries.

2. The public prosecutor shall call the beneficiary or beneficiaries to attend, unless a calling of these persons is not reasonably possible.

3. A beneficiary has the right to disclosure of documents.

4. A beneficiary may arrange to be assisted. He may also arrange to be represented by a lawyer, if the
latter declares that he is specifically authorised, or by a representative specially authorised by the beneficiary in writing.

5. At the hearing the beneficiary shall be given the opportunity to address the court regarding the application of the public prosecutor.

6. If the District Court grants leave to enforce the order referred to in subsection 1, it shall impose an obligation on the sentenced person, in accordance with article 36f, paragraph 1 of the Criminal Code, to pay a sum of money to the State in respect of the beneficiary or beneficiaries.

7. Under no circumstances may the District Court determine a sum of money exceeding that determined by the ICC. The District Court shall not reinvestigate the rights of the interested parties, unless recognition of the decision of the ICC on this subject would be incompatible with Dutch public order.

8. The State shall remit forthwith any amount received to the persons or institutions designated by the ICC.

9. Article 36f, paragraphs 4-6 of the Criminal Code shall apply mutatis mutandis.

Section 84
Everything obtained from penalties and orders as referred to in section 72 shall accrue to the benefit of the ICC, without prejudice to section 83, subsection 8.