Enforcement of forfeiture orders


Denmark - Act No 342 on the ICC 2001 EN

ยง 3. The Minister for Justice may decide whether penalties imposed by the International Criminal Court should be enforced in this country in accordance with the provisions of Part 10 in the Statute.
Paragraph 3. The decision of the Minister for Justice is presented to a court for its approval. The decision of the court is taken by judgement. The provisions of the Danish Administration of Justice Act on extra-judicial settlement of a fine or confiscation is likewise applicable.
Paragraph 4. In this country, penalty of a fine, which has been determined by the International Criminal Court, cannot be replaced by penalty of imprisonment.

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.