Transfer of forfeitures to the ICC


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

Part 2
Specific provisions

Section 6

41. Acceptance of enforcement of fines and forfeiture measures

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.

Rome Statute

Article 79 Trust Fund

1. A Trust Fund shall be established by decision of the Assembly of States Parties for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims.

2. The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund.

3. The Trust Fund shall be managed according to criteria to be determined by the Assembly of States Parties.

Article 109 Enforcement of fines and forfeiture measures

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.