Enforcement of forfeiture orders

Georgia

Georgia - Law on Cooperation between the International Criminal Court and Georgia 2003 EN

Chapter II
National State Agency Responsible for Cooperation between the International Court and Georgia

Article 3. A national state agency responsible for cooperation between the International Court and Georgia

3. In the course of cooperating with the International Court, the Responsible Agency shall have the authority:

i) to take a decision on a request of the International Court, for the purpose of executing a deprivation of liberty sentence on the territory of Georgia, for accepting the convicted person and executing a fine and/or other reimbursement of expenses imposed by the International Court.;

Chapter VIII
Execution of Decision of the International Court


Article 48. Execution of decisions on confiscation of objects or assets holding material
value

In executing a decision of the International Court on confiscation of objects or assets holding material value, rules established in this Law and the code of criminal procedure of Georgia shall apply, if there is a decision of the International Court on confiscation of objects or assets holding material value and the International Court requests Georgia to take measures for the execution of the aforementioned decision.

Georgia - Law on International Cooperation in Criminal Matters 2010 EN

Chapter 5 Transfer to a foreign state (or to Georgia) of persons sentenced to imprisonment for the purpose of serving a sentence

Article 52

Procedure for enforcing in the territory of Georgia the judgement of a foreign competent court imposing a fine or forfeiture

1. In making a decision on enforcing in the territory of Georgia the judgement of a foreign competent court imposing a fine or forfeiture, the competent district (city) court shall deliver a ruling on the enforcement of the fine or forfeiture imposed on a person.

2. In delivering a ruling specified in paragraph 1 of this article, the relevant district (city) court shall ensure the conversion into laris of the amount of the fine imposed or of the property to be forfeited under the judgement of a foreign competent court at the exchange rate in effect at the time of the decision.

3. The fine or the property to be forfeited specified in paragraph 2 of this article shall be collected in accordance with the procedure determined by the requesting state.

4. The fine imposed by the competent foreign court shall be paid to the state budget of Georgia, and the forfeited property shall be transferred into state ownership.

5. Property forfeited under this article, upon request, may be transferred to the requesting foreign state if it has a special interest in that property.

6. The rights of third persons with respect to the forfeited property shall be considered during the procedures specified in paragraph 4 and 5 of this article.

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.