Chapter V. Penal measures
Article 44. § 1. The court shall impose the forfeiture of items directly derived from an offence,
unless they are subject to return to the injured person or to another entity.
§ 2. The court may decide on the forfeiture of the items which served or were designed for
committing the offence unless they are subject to the return to another entity.
§ 3. The forfeiture described in § 2 shall not be applied if its imposition would not be
commensurate with the severity of the offence committed, the court may impose a supplementary
payment to the State Treasury.
§ 4. In the event that the perpetrator has intentionally prevented the possibility of imposing the
forfeiture of items specified in §§ 1 or 2, the court may impose the obligation to pay a pecuniary equivalent of their value.
§ 5. In the event that the conviction has pertained to an offence of violating a prohibition of
production, possession or dealing in or transporting specific items, the court may decide on the forfeiture thereof.
§ 6. If the items referred to in §§ 2 or 5 are not the property of the perpetrator, the forfeiture may
be decided by the court only in the cases provided for in law; in the case of co-ownership, the decision
shall cover only the forfeiture of the share owned by the perpetrator, or the obligation to pay a pecuniary equivalent of its value.
§ 7. Property which is the subject of forfeiture shall be transferred to the ownership of the State
Treasury at the time the sentence becomes final and valid.
Article 45. In the case of sentencing the perpetrator referred to in Article 65, the court may decide
on forfeiture of the material benefits gained, even indirectly, from the offence.
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.