Transfer of forfeitures to the ICC


Estonia - Criminal Procedure Code 2003 (2017) EN

Chapter 19

Division 3
Mutual Assistance in Criminal Matters

§ 470. Handing over of property to foreign states

(1) Handing over of property to a foreign state by Estonia on the bases provided for in § 469 of this Code shall be decided by a ruling made by a judge of the county court of the location of the property sitting alone.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

(2) A ruling shall set out :

1) the name and location of the property to be handed over, and, if possible, the name of the owner or possessor of the property ;
[RT I 2008, 19, 132 - entry into force 23.05.2008]
2) the content of the request reviewed ;
3) the content of and reasons for the ruling ;
4) the basis under procedural law ;
5) the decision of the court and the procedure for appeal.

(3) A court shall send a copy of a ruling which has entered into force to the Ministry of Justice who shall notify the requesting state of compliance with the request or refusal thereof.

(4) Handing of property over to the requesting foreign state shall be organised by the competent judicial authority.

(5) In cases of urgency, property may be seized or a search may be conducted at the request of a foreign state before receipt of the request to hand over property. The above-mentioned acts are recorded in the minutes pursuant to the procedure provided for in this Code.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

(6) Upon detaining a wanted vehicle on the basis of a request submitted through the International Criminal Police Organisation (Interpol) or a notice in the Schengen Information System, a report on detaining the vehicle shall be prepared. A vehicle shall be seized on the basis of subsection 142 (9) for two months. If a foreign state does not submit a request to hand over property during the term specified, the vehicle shall be released from seizure.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

Chapter 19

Division 5
Recognition and Execution of Judgments of Foreign Courts and Decisions of Other Authorities

§ 487. Specifications concerning execution of pecuniary punishments, fines to the extent of assets and confiscation imposed by foreign court judgments

(1) Pecuniary punishments and fines to the extent of assets shall be enforced as payments into the revenues of the Estonian state unless the parties have agreed otherwise.

(2) The provisions of this Division apply to confiscated property unless the parties have agreed otherwise.

Estonia - Penal Code 2001 (2015) EN

Part 1

Chapter 7

§ 85. Effect of confiscation

(1) Confiscated objects shall be transferred into state ownership or, in the cases provided for in an international agreement, shall be returned.

Rome Statute

Article 79 Trust Fund

1. A Trust Fund shall be established by decision of the Assembly of States Parties for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims.

2. The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund.

3. The Trust Fund shall be managed according to criteria to be determined by the Assembly of States Parties.

Article 109 Enforcement of fines and forfeiture measures

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.