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

Belgium

Belgium - Act on Cooperation with ICC 2004 EN

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPITRE V OTHER FORMS OF COOPERATION
SECTION I PRINCIPLES

Article 22
Requests for assistance from the Court in relation to an investigation or prosecution must be addressed directly to the central authority.
In accordance with article 93 of the Statute, such requests may include any act that is not prohibited by Belgian law, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court. They concern in particular:
(11) the identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties.

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER VI ENFORCEMENT OF SENTENCES PRONOUNCED BY THE COURT

Article 40
Belgium shall give effect to fines or forfeitures ordered by the Court under Part 7 of the Statute, without prejudice to the rights of bona fide third parties. When a request for the enforcement of a forfeiture judgement is addressed to Belgium by the Court, the criminal court of the place where the property subject to forfeiture is located shall render the decision enforceable, after hearing the public prosecutor and the convicted person or the latter’s counsel. In accordance with article 109, paragraph 2 of the Statute, if it is impossible to give effect to a forfeiture order, equivalent forfeiture measures as specified in article 43bis, paragraph 2 of the Criminal Code may be ordered by the criminal court of the place where the property subject to forfeiture is located, without prejudice to the rights of bona fide third parties. Property or the proceeds of the sale of real property or, where appropriate, the sale of other property obtained from the enforcement of a judgement of the Court shall be transferred to the Court via the central authority.

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.