Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders

United Kingdom of Great Britain and Northern Ireland

International Criminal Court (Scotland) Act 2001 (2015)


26 Power to make provision for enforcement of orders

(8) A court shall not exercise its powers of enforcement under the regulations in relation to any property unless it is satisfied—
that a reasonable opportunity has been given for persons holding any interest in the property to make representations to the court ; and
that the exercise of the powers will not prejudice the rights of bona fide third parties.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

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.