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

France

France - ICC Cooperation Law 2002 (FR)

ARTICLE I

TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT

CHAPTER II THE EXECUTION OF SENTENCES AND COMPENSATION IN FAVOUR OF VICTIMS

SECTION 1: THE EXECUTION OF FINES AND CONFISCATION ORDERS AND COMPENSATION IN FAVOUR OF VICTIMS

Article 627-16

Where the International Criminal Court so requests, the enforcement of fines and seizures or decisions relating to compensation pronounced by that court is authorised by the correctional court of Paris, which is seised of the case by the district prosecutor. The procedure followed in the correctional court follows the rules contained in the present Code.
The court is bound by the International Criminal Court’s decision, including orders affecting the rights of third parties. However, in cases where a confiscation order is carried out, it may order any measures designed to ensure recovery of the value of the product, assets or holding that the court has ordered to be confiscated, where it appears that the confiscation order cannot be carried out. The court hears the convicted person as well as any other person who has rights over these assets, if necessary by letters rogatory. These persons may be represented by an advocate.
Where the court finds that the enforcement of a confiscation or compensation order could harm a bona fide third party who cannot appeal against the order, it informs the district prosecutor for the purpose of sending the matter back to the International Criminal Court, which takes the necessary action.

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.