Enforcement of fines

Norway

Act No. 65 of 15 June 2001 relating to the implementation of the Statute of the International Criminal Court of 17 July 1998 (the Rome Statute) in Norwegian law 2001

ยง 11. Enforcement of other sanctions in Norway

Payment of fines ordered by the Court may be enforced in Norway. The same applies to forfeitures and reparations to aggrieved persons that have been ordered by the Court. In so far as they are appropriate, sections 456 and 457 of the Criminal Procedure Act apply correspondingly to the enforcement of pecuniary claims.

The General Civil Penal Code 1902 (2013)

Part I. General Provisions

Chapter 2. Penalties and other sanctions

Section 26 a.

In addition to a custodial sentence the court may impose a fine. This applies even though fines are not prescribed as a penalty for the offence. In assessing a custodial sentence the fact that a fine is also imposed shall be taken into account.

The power to combine a custodial sentence with a fine derived from this section is of no significance in relation to statutory provisions that give legal effect to the penalty limits.

Section 27.

When a fine is imposed, due consideration should be given not only to the nature of the offence but also especially to the financial position of the convicted person and to what he can presumably afford to pay in his circumstances.

The fine shall accrue to the State treasury.

Section 28.

When a fine is imposed, a sentence of imprisonment of from one day to three months, or in the cases mentioned in section 63 up to four and a half months, shall be stipulated, which shall be executed if the fine is not paid.

When a fine is imposed pursuant to section 48 a, no sentence of imprisonment pursuant to the first paragraph shall be stipulated.

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.