§ 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.
Part I. General Provisions
Chapter 2. Penalties and other sanctions
Any proceeds of a criminal act shall be confiscated. Such liability may, however, be reduced or remitted in so far as the court is of the opinion that confiscation would clearly be unreasonable. Confiscation may be effected even though the offender cannot be punished because he was not accountable for his acts (sections 44 or 46) or did not manifest guilt.
Any asset that takes the place of the proceeds, profit and other benefits of the proceeds shall be regarded as proceeds. Expenses incurred shall not be deducted. If the amount of the proceeds cannot be established, the court will determine the amount approximately.
Instead of any asset an amount equivalent to the value thereof or to part of the said value may be confiscated. It may be stipulated in the sentence that the asset shall serve as security for the amount to be confiscated.
Confiscation shall be effected from the person to whom the proceeds have directly accrued by the criminal act. Basically it shall be assumed that the proceeds have accrued to the offender unless he proves on a balance of probabilities that they have accrued to another person.
Section 34 a.
Extended confiscation may be effected when the offender is found guilty of a criminal act of such a nature that the proceeds thereof can be considerable, and he has committed
a) one or more criminal acts that may collectively be punishable by imprisonment for a term of six years or more, or an attempt at such an act, or
b) at least one criminal act punishable by imprisonment for a term of two years or more, or an attempt at such an act, and the offender during the five years immediately preceding the commission of the said act has been punished for an act of such a nature that the proceeds thereof can be considerable.
Any increase of the penalty limits in the event of repetition shall not be taken into account.
In the event of extended confiscation all assets belonging to the offender may be confiscated unless he proves on a balance of probabilities that the said assets have been lawfully acquired. Section 34, third paragraph, shall apply correspondingly.
In the event of extended confiscation from the offender the value of all assets belonging to the offender's present or previous spouse may also be confiscated unless
a) they have been acquired before the marriage was entered into or after the marriage was dissolved,
b) they have been acquired at least five years before the criminal act that provides a basis for extended confiscation, or
c) the offender proves on a balance of probabilities that the assets have been acquired otherwise than by the criminal acts he has committed.
When two persons are living together permanently in a marriage-like relationship, this shall be deemed equivalent to marriage.
Objects that have been produced by or been the subject of a criminal act may be confiscated if this is considered necessary for the purpose of the provision that prescribes the penalty for the act. Rights and claims are also deemed to be objects. The provision in section 34, first paragraph, third sentence, shall apply correspondingly.
The same applies to objects that have been used or intended for use in a criminal act.
Instead of the object an amount equivalent to its value or part of its value may be confiscated. It may be stipulated in the sentence that the object shall serve as security for the amount confiscated.
Instead of confiscating the object the court may impose measures to prevent the object being used for the commission of new offences.
Confiscation pursuant to section 35 may be effected from the offender or from the person on whose behalf he has acted.
Confiscation of any object mentioned in section 35, second paragraph, or of an amount that is wholly or partly equivalent to its value may also be effected from an owner who has or should have understood that the object was to be used for a criminal act.
A right that is legally secured on an object that is confiscated shall lapse to the extent provided in the sentence in the case of the holder of a right who is himself guilty of the criminal act, or on whose behalf the offender has acted. The provision in section 34, first paragraph, third sentence, shall apply correspondingly.
Such provision may also be made in the case of the holder of a right who, when the right was established, understood or should have understood that the object was to be used in a criminal act, or that it could be confiscated.
When an object is sold with the ownership reserved to the seller, the purchaser shall be deemed to be the owner and the seller the holder of a right in applying the provisions of this section.
Section 37 a.
When any proceeds or object mentioned in section 34 or 35 is after the commission of the offence transferred from a person from whom confiscation may be effected, what has been transferred or its value may be confiscated from the receiver if the transfer has occurred as a gift or if the receiver understood or should have understood the connection between the criminal act and what has been transferred to him.
If extended confiscation may be effected pursuant to section 34 a and the offender has transferred any asset to one of his next-of-kin, the said asset or its value may be confiscated from the receiver if the prosecuting authority proves on a balance of probabilities that it has been acquired by a criminal act committed by the offender.
If the assets of any person referred to in section 34 a, third paragraph, are wholly or partly taken into account in the event of confiscation from the offender, and the said person meets his or her liability pursuant to this section, the offender's liability shall be correspondingly reduced. If the offender has met his liability pursuant to section 34 a, second paragraph, any further contribution from him will lead to the receiver's liability being correspondingly reduced.
The second paragraph shall apply correspondingly in the event of the transfer of an enterprise if the offender
a) alone or together with any person referred to in the second paragraph owns a substantial part of the enterprise,
b) receives a considerable part of the income of the enterprise, or
c) by virtue of his position as head thereof has substantial influence over it.
The same shall apply to any right which was established in the object after the commission of the offence by any person from whom confiscation may be effected.
Part I. General Provisions
Chapter 2. Penalties and other sanctions
Section 37 d.
The proceeds of any confiscation shall accrue to the State treasury unless it is otherwise provided.
In its judgment or by a subsequent order made by the District Court that decided the issue of confiscation, the court may decide that the proceeds of any confiscation may be applied to covering any claim for compensation made by the aggrieved person.
The Ministry may decide that the proceeds of any confiscation shall be divided between the Norwegian State and one or more other States. In the decision importance shall be attached to, inter alia, what expenses have been incurred in such States and in which countries harmful effects have occurred and the proceeds were acquired. Any division pursuant to this paragraph may not result in any reduction of the covering of the aggrieved person's claim for compensation pursuant to the second paragraph.
When proceeds have been confiscated pursuant to section 34, and the convicted person or someone who is responsible for the harm done has paid compensation to the aggrieved person after the date of adjudication, the court may at the request of the convicted person decide that the amount confiscated shall be reduced correspondingly. The same applies if the convicted person pays tax or duty corresponding to the amount confiscated. Any request pursuant to this paragraph must be submitted to the court not later than one year after the decision concerning confiscation becomes legally enforceable.
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.