Enforcement of fines

Austria

Austria - Federal Law on Cooperation with the ICC (EN) 2002

Part 1
General Provisions

2. The principle of cooperation
1. All organs of the Federal State, in particular the courts, public prosecutors, custodial authorities and security authorities, have an obligation to cooperate fully with the International Criminal Court.
2. The obligation in paragraph 1 above shall consist in particular, pursuant to this federal law and in accordance with the Statute and the Rules of Procedure and Evidence of the International Criminal Court, in granting the Court access to information and documents concerning suspected crimes falling within its jurisdiction, providing it with judicial assistance, surrendering accused persons, accepting sentenced persons for the enforcement of sentences, and enforcing fines and forfeitures.

Part 2
Specific provisions
Section 6

41. Acceptance of enforcement of fines and forfeiture measures
1. The competent court shall comply with requests from the International Criminal Court for the enforcement of orders involving fines or forfeiture measures if it appears likely that the fine can be collected in Austria or if the objects or assets referred to in 15 the order are to be found in Austria. Prior to approving such enforcement, the person ordered to pay the fine and persons claiming rights to the objects or assets shall be heard. The sentenced person need not be heard where he or she cannot be reached.
2. The decision on a request for enforcement of a fine shall be taken by the Court of First Instance as referred to in paragraph 26(1) of the law on extradition and judicial assistance (ARHG); the decision concerning a request for a forfeiture measure shall however be taken by the Court of First Instance of the district in which the asset or object is to be found, in each case by a panel of three judges (paragraph 13(3) of the Code of Criminal Procedure) by way of a court decision. The fine or forfeiture measure ordered by the International Criminal Court may not be modified. The court decision may be appealed against by the public prosecutor or the person concerned within 14 days before the Court of Appeal.
3. A fine ordered by the International Criminal Court shall be enforced in euros. The official exchange rate as of the day of the International Criminal Court’s order shall be used should the amount of the fine to be enforced be stated in a currency other than euros.
4. Any payment facilities granted by the International Criminal Court in respect of the date of payment of fines or their payment in instalments shall be taken into consideration.
5. Should the enforcement of a fine imposed by the International Criminal Court prove to be partly or wholly impossible, the International Criminal Court shall be informed thereof.
6. If the International Criminal Court cannot collect a fine but instead sentences the convicted person to imprisonment and requests Austria to enforce the sentence, the provisions in paragraphs 32 to 39 above shall apply.
7. Should the enforcement of a forfeiture measure ordered by the International Criminal Court prove impossible, measures shall be taken in accordance with paragraph 19(1) to (4) of the relevant law on financial measures (FinStrG) with a view to collecting amounts corresponding to the value of the assets or objects to be seized.
8. The proceeds from the enforcement of fines and forfeiture measures are to be transferred to the International Criminal Court, subject to the provision in paragraph 9 below.
9. Fines, objects and other assets may be retained in the Republic of Austria if:
(1) the injured person resides or usually lives in Austria and they are to be granted to him or her;
(2) an authority files a claim to them;
(3) a person not involved in the criminal offence claims rights thereto;
(4) they are required for legal proceedings in Austria.
10. Should a person file a claim pursuant to paragraph 9 above, any consideration as to whether to grant the money or assets requires the consent of the International Criminal Court.
11. The provisions of this section shall also apply to the enforcement of fines ordered by the International Criminal Court for offences against the administration of justice pursuant to article 70 of the Statute.

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.