Enforcement of forfeiture orders

Kingdom of Sweden

Cooperation with the ICC Act N.2002.329

ENFORCEMENT OF PENALTY AND FORFEITURE

SECTION 24
A sentence of fines imposed by the International Criminal Court or a decision by the Court for the forfeiture of property or of the value of certain property may on the application by the Court be enforced in Sweden. The application shall be transferred to the Swedish Tax Agency for action. If the enforcement relates to forfeiture of the value of particular property, the Swedish Tax Agency decides on the forfeited value in Swedish kronor.

The decision of the Swedish Tax Agency may be appealed against to a general administrative court. A decision by the Swedish Tax Agency and the general administrative court shall apply immediately unless otherwise decided. Leave to appeal is required for an appeal to the Administrative Court of Appeal. (SFS 2003:740)

ENFORCEMENT OF PENALTY AND FORFEITURE

SECTION 25
Section 25 of the Act on International Co-operation in the Enforcement of Criminal Judgments (1972:260) applies to enforcement in accordance with Sections 23 and 24, unless otherwise provided by this Act.

ENFORCEMENT OF PENALTY AND FORFEITURE

SECTION 28
When the enforcement of fines or forfeiture has been carried out in accordance with Section 24, the Swedish Tax Agency shall deliver the proceeds received upon enforcement to the International Criminal Court.

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.