Enforcement of national penalties - fines


Austria - Extradition and Mutual Assistance (EN/DE) 1979 (2020)

Taking Over the Prosecution of a Case and Surveillance; Execution of Foreign Criminal-Court Decisions

Execution of Foreign Criminal-Court Decisions

§ 64. (5) Moreover, the execution of a decision by a foreign court imposing a fine or forfeiture shall only be admissible if its collection in Austria may be expected and the person concerned has been heard, to the extent that he/she can be contacted.

Austria - Federal law on judicial cooperation in criminal matters with the Member States of the European Union (EN/DE) 2004 (2020)

Chapter III
Recognition and Enforcement of Judicial Decisions

Part Four
Enforcement of Pecuniary Sanctions

Subdivision One
Enforcement of Decisions Taken by Other Member States

§ 53. (2) The following shall be considered to decisions pursuant to para. 1:
1. the decision of another judicial authority, especially of a public prosecutor,
if the person concerned was given the opportunity of bringing the matter
before a court that also has criminal-law competences, as well as
2. the decision of a court that also has criminal-law competences which was seized with an appeal against a decision that was taken by another than a judicial authority for a punishable act, administrative trespass or breach of

(3) A pecuniary sanction shall be
1. financial penalties,
2. an obligation imposed by the same decision to pay compensation to the victim, if the victim did not have the possibility to submit civil-law claims in the course of the proceedings and the court took action by exercising its criminal-law competences,
3. the obligation to refund the costs of the proceedings leading to the decision, or
4. an obligation imposed in the same decision to pay an amount of money into a public account or to an organization supporting victims.

Orders relating to property rights as well as court decisions on private-law claims
shall not be considered to be pecuniary sanctions (§ 2 item 11).

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.