Enforcement of forfeiture orders


Federal Law on Cooperation with the International Criminal Court 2001


Art. 3 Central Authority

2 The Central Authority shall have the following responsibilities in particular:
h. It shall enforce fines and forfeitures.


Art. 58

Article 41 shall apply by analogy to the enforcement of orders of forfeiture, if the Court has already decided on the disposition of objects or assets in accordance with article 75 or 79 of the Statute and if the Court asks Switzerland for enforcement.

Swiss Criminal Code 1937 (2017)

Book One: 4 General Provisions

Part One: Felonies and Misdemeanours Title One: Scope of Application

Title Three : Sentences and Measures

Chapter Two : Measures

Section Two : Other Measures

Art. 69

2 The court may order that the objects forfeited be rendered unusable or be destroyed.

Art. 70

1 The court shall order the forfeiture of assets that have been acquired through the commission of an offence or that are intended to be used in the commission of an offence or as payment therefor, unless the assets are passed on to the person harmed for the purpose of restoring the prior lawful position.

2 Forfeiture is not permitted if a third party has acquired the assets in ignorance of the grounds for forfeiture, provided he has paid a consideration of equal value therefor or forfeiture would cause him to endure disproportionate hardship.

3 The right to order forfeiture is limited to seven years; if, however, the prosecution of the offence is subject to a longer limitation period, this period also applies to the right to order forfeiture.

4 Official notice must be given of forfeiture. The rights of persons harmed or third parties expire five years after the date on which official notice is given.

5 If the amount of the assets to be forfeited cannot be ascertained, or may be ascertained only by incurring a disproportionate level of trouble and expense, the court may make an estimate.

Art. 71

1 If the assets subject to forfeiture are no longer available, the court may uphold a claim for compensation by the State in respect of a sum of equivalent value, which claim may be enforced against a third party only if he is not excluded by Article 70 paragraph 2.

2 The court may dismiss an equivalent claim in its entirety or in part if the claim is likely to be unrecoverable or if the claim would seriously hinder the rehabilitation of the person concerned.

3 The investigating authority may seize assets of the person concerned with a view to the enforcement of an equivalent claim. Such seizure does not accord the State preferential rights in the enforcement of the equivalent claim.

Art. 72

The court shall order the forfeiture of all assets that are subject to the power of disposal of a criminal organisation. In the case of the assets of a person who participates in or supports a criminal organisation (Art. 260ter), it is presumed that the assets are subject to the power of disposal of the organisation until the contrary is proven.

Art. 73

1 If as a result of a felony or misdemeanour a person has suffered harm and is not entitled to benefits under an insurance policy, and if it is anticipated that the offender will not pay damages or satisfaction, the court shall award the person harmed, at his request, a sum of money up to the amount of damages or satisfaction set by a court or agreed in a settlement with the person harmed and obtained from :

a. the monetary penalty or fine paid by the offender ;
b. objects and assets that have been forfeited, or the proceeds of their sale after deduction of expenses ;
c. compensatory claims ;
d. the amount of the good behaviour bond.

2 The court may order such an award only if the person harmed assigns the corresponding element of his claim to the State.

3 The cantons shall provide a simple and quick procedure for cases where their courts are not entitled to make an award of this nature in a criminal judgment.

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.