CHAPTER 4. ENFORCEMENT OF SENTENCES
§ 1. General
Section 55
Sentences imposed by the ICC by final decision may be enforced in the Netherlands at the request of the ICC and having regard to the provisions of this chapter.

Section 56
1. No pardon may be requested or granted in respect of sentences of imprisonment which have been imposed by the ICC for one or more of the crimes referred to in article 5 of the Statute and which are being enforced in the Netherlands. A request for reduction or remission of such a sentence shall be immediately referred by Our Minister to the ICC.
2. At the request of the ICC, Our Minister shall inform the ICC of his opinion on the review of a sentence as referred to in subsection 1, in accordance with article 110 of the Statute. For this purpose, Our Minister may request the advice from The Hague District Court and may request from third parties all information which he considers necessary.
3. A pardon may be requested and granted, in accordance with article 558 of the Code of Criminal Procedure, in respect of sentences of imprisonment which have been imposed by the ICC for offences against the administration of justice of the ICC as referred to in article 70, paragraph 1, of the Statute and in respect of other sentences imposed by the ICC if enforcement takes place in the Netherlands. Before a decision is taken on the granting of a pardon, Our Minister shall consult with the ICC in order to learn its views.

Section 57
Sections 61-64a and 66 of the Transfer of Enforcement of Criminal Judgments Act (Wet overdracht tenuitvoerlegging strafvonnissen) shall apply mutatis mutandis to warrants for provisional deprivation of liberty issued under this chapter.

Section 58
1. Civil law decisions taken by the ICC in accordance with article 75 of the Statute shall be recognised in the Netherlands and may be enforced after they have been declared enforceable at the request of an interested party.
2. Recognition and enforcement shall not take place if:
(a) recognition and enforcement would be manifestly contrary to Dutch public order;
(b) in the case where the defendant was absent at the reparations proceedings before the ICC, the document initiating the action or a comparable document was not served on or communicated to the defendant in the prescribed way and in sufficient time for his defence, unless the defendant failed to apply the legal remedies open to him;
(c) the decision is incompatible with a decision given in the Kingdom of the Netherlands between the same parties;
(d) the decision is incompatible with a decision given previously in a different State between the same parties in a dispute that was based on the same subject and has the same cause, provided that the latter decision complies with the conditions for recognition in the Netherlands.
3. The jurisdiction of the ICC shall not be reviewed by the courts. The rules governing the jurisdiction of the ICC do not relate to public order as referred to in subsection 2 (a).
4. Under no circumstances may there be a review of the correctness of a decision given by the ICC.
5. Only decisions of the ICC against which no further ordinary legal remedy exists are eligible for enforcement.
6. Decisions of the ICC which result in compensation that exceeds the material and non-material damage actually suffered shall not be recognised in so far as they are excessive.
7. Requests as referred to in subsections 1 and 6 shall be addressed to the judge at The Hague District Court who hears applications for provisional relief.
8. In so far as not provided otherwise in this section, the provisions of articles 985-992 of the Code of Civil Procedure shall apply mutatis mutandis to the request.

§ 2. Provisional measures
Section 59
The public prosecutor who has received a request of the ICC as referred to in section 60, subsection 1, section 61, subsection 1, section 62, subsection 1, or section 63, subsection 1, shall decide immediately how it is to be executed. Section 49, second and third sentences, shall apply mutatis mutandis.

Section 60
1. At the request of the ICC, a person who has been sentenced by the ICC to a term of imprisonment and is still at liberty may be provisionally arrested if there are good reasons to assume that this sentence will be enforced in the Netherlands.
2. Section 13-17 shall apply mutatis mutandis, subject to the proviso that:
(a) the remand in custody is ordered for a period of not more than thirty days and may be extended on the application of the public prosecutor for a period not exceeding thirty days at a time, until the commencement of the enforcement of the sentence of imprisonment in accordance with section 67, subsection 4, or section 68, subsection 2;
(b) the period referred to in section 16, subsection 5 is thirty days.

Section 61
1. Following a request of the ICC for cooperation or for enforcement of a forfeiture order, a financial investigation may be initiated under the criminal law (strafrechtelijk financieel onderzoek) in accordance with the provisions of Part 9, Title IV, Book 1 of the Code of Criminal Procedure in order to determine whether any advantage illegally obtained by a person subject to investigation by the ICC is present or has been acquired in the Netherlands. For this purpose an illegally obtained advantage is deemed to include objects that have been acquired, directly or indirectly, by means of the crime of which the person concerned is suspected.
2. During a financial investigation under the criminal law, objects may be seized in accordance with article 94, paragraph 2, and article 94a, paragraph 2 of the Code of Criminal Procedure only if there is good reason to believe that a request for enforcement of a forfeiture order will be made by the ICC in respect of such objects or that section 82, subsection 4 will be applied.
3. The public prosecutor shall notify Our Minister immediately of the institution or, as the case may be, conclusion of a financial investigation under the criminal law. At the same time he shall communicate all information useful for the ICC.

Section 62
1. Following a request of the ICC objects may be seized:
(a) in respect of which a forfeiture order may be issued by the ICC;
(b) to protect the right of recovery in respect of an obligation to be imposed in accordance with section 82, subsection 4 for payment of a sum of money to the State to deprive the person concerned of an illegally obtained advantage, or
(c) which can serve to prove an illegally obtained advantage.
2. Seizure as referred to in subsection 1 (a) and (b) may take place only if:
(a) it is permitted under Dutch law and
(b) there are good reasons to assume that a request for enforcement of a forfeiture order will be made by the ICC in respect of such objects or that section 82, subsection 4, will be applied.

Section 63
1. At the request of the ICC, objects may be seized in respect of which the ICC has issued a forfeiture order.
2. Seizure as referred to in subsection 1 may take place only if:
(a) it is permitted under Dutch law and
(b) there are good reasons to believe that the order referred to in subsection 1 will be enforced in the Netherlands in the near future.

Section 64
1. Those empowered to seize objects as referred to in articles 62 and 63 are the investigating judge and, in so far as the power is not reserved to the investigating judge, the public prosecutor and assistant public prosecutor. On the application of a public prosecutor, the investigating judge may exercise the powers to which he is entitled in a preliminary judicial investigation.
2. Articles 94b-94d, 96-119, 552a, 552c, 552ca, 552e and 556 of the Code of Criminal Procedure shall apply mutatis mutandis.

Section 65
1. Where articles 552a or 552c of the Code of Criminal Procedure are applicable mutatis mutandis, the court shall not initiate a new investigation into the rights of interested parties if these rights have already been determined by the ICC in connection with a forfeiture order. The court may initiate a new investigation of this kind only if:
(a) such determination relates to rights in respect of immovable property situated in the Netherlands or property registered (registergoederen) in the Netherlands;
(b) such determination relates to the validity, nullity or dissolution of legal persons established in the Netherlands or the resolutions of their organs;
(c) such determination has occurred without the interested party having appeared and having been given timely notice of the proceedings;
(d) such determination is incompatible with a judicial decision given previously in respect of this matter in the Netherlands;
(e) recognition of such determination would be incompatible with Dutch public order.
2. If and as long as proceedings are pending before the ICC in respect of the rights of an interested party, a notice of complaint or an application by him shall not be admissible.

§ 3. Enforcement of sentences of imprisonment
Section 66
§ 3 of this chapter applies to a request of the ICC to enforce a sentence of imprisonment it has imposed:
(a) if the Netherlands has indicated its willingness to accept sentenced persons and the ICC designates the Netherlands in accordance with article 103, paragraph 1 (a), of the Statute;
(b) if the Netherlands is obliged, as host State, to enforce the sentence of imprisonment in accordance with article 103, paragraph 4, of the Statute.

Section 67
1. In the case referred to in section 66 (a), Our Minister shall decide whether the designation by the ICC is accepted.
2. Article 10 of the Criminal Code shall not apply to a decision of Our Minister as referred to in subsection 1.
3. Our Minister shall notify the ICC as soon as possible of his decision.
4. The enforcement shall be carried out by Our Minister on the recommendation of the public prosecutor at The Hague District Court.

Section 68
1. In the case referred to in section 66 (b), the sentence of imprisonment imposed by the ICC shall, on the instructions of Our Minister, be enforced or further enforced in the Netherlands in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2, of the Statute. Article 10 of the Criminal Code shall not apply to the decision of Our Minister.
2. Section 67, subsections 3 and 4, shall apply mutatis mutandis.

Section 69w
1. Enforcement in accordance with section 67, subsection 4, or section 68, subsection 2 of a sentence of imprisonment imposed by the ICC shall be carried out subject to the provisions laid down by or pursuant to the Criminal Code, the Code of Criminal Procedure, the Penitentiary Principles Act (Penitentiaire beginselenwet) or any specific criminal statute relating to the enforcement of judicial decisions.
2. Articles 15-15d of the Criminal Code shall not apply, except in respect of a sentence of imprisonment imposed by the ICC for an offence against the administration of justice of the ICC as referred to in article 70, paragraph 1 of the Statute.

Section 70
1. If the ICC decides in accordance with article 104 of the Statute to transfer the sentenced person to another State, the person concerned shall be delivered to the authorities of that State as soon as possible, at such time and place as may be determined by Our Minister after consultation with those authorities.
2. Enforcement in the Netherlands of the sentence of imprisonment shall end automatically at the moment when the person concerned is delivered to the authorities referred to in subsection 1.

Section 71
1. Communications exchanged between the sentenced person and the ICC shall not be restricted and are confidential. A petition or any other document may be lodged by the sentenced person through the intermediary of the governor of the institution where the sentenced person is detained. The governor shall ensure that the document is dated and forwarded to the ICC immediately.
2. Persons designated for this purpose by the ICC shall have access to the sentenced person, in accordance with section 38, subsection 7, second, third and fourth sentences of the Penitentiary Principles Act, in the institution where he is detained.
3. Requests by the ICC for information needed for the exercise of its supervisory duties in accordance with article 106 of the Statute shall be granted by Our Minister to the extent possible.
4. At the request of the ICC, a sentenced person shall, if he consents, be temporarily placed at the disposal of the ICC for the purpose of any investigation to be carried out by the ICC in connection with the enforcement.

§ 4. Enforcement of other penalties and orders
Section 72
§ 4 of this chapter applies to a request of the ICC to enforce one or more of the following penalties imposed and orders issued by the ICC:
(a) a fine;
(b) an order for the forfeiture of proceeds, property and assets derived directly or indirectly from the crime;
(c) a reparation order as referred to in article 75 of the Statute, entailing an obligation on the sentenced person to pay a sum of money to or in respect of one or more beneficiaries.

Section 73
The public prosecutor shall apply to the District Court within two weeks of the date on which he receives the request, together with the accompanying documents, for leave to enforce the penalty or order. The public prosecutor shall lodge the documents with the District Court when making his application. A copy of the application shall be served on the sentenced person.

Section 74
1. As soon as possible after receipt of the application referred to in section 73, the president of the District Court shall determine the date on which the Court will start to deal with the application. A period of at least ten days must elapse between the day on which the sentenced person is given notice to appear at the hearing and the day of the hearing.
2. This period may be shortened with the consent of the sentenced person, provided that this consent is evidenced by a written statement.

Section 75
The clerk of the District Court shall immediately notify the public prosecutor and the sentenced person of the date set for the hearing of the application. If the sentenced person does not already have legal representation, he shall be informed of his right to choose one or more counsel and of the possibility of obtaining legal aid, as well as his right to disclosure of documents.

Section 76
1. The public prosecutor and the sentenced person are entitled to call witnesses and experts for the purpose of the investigation to be carried out by the District Court and the decisions to be taken by it under § 4 of this chapter.
2. The public prosecutor may, in a reasoned decision, refuse to call witnesses or experts if it may reasonably be assumed that they have been called by the sentenced person to give testimony at the hearing to dispute facts as referred to in section 78, subsection 3. The decision shall be immediately notified in writing to the sentenced person. He shall be informed in this connection of the provisions of section 78, subsection 5.

Section 77
1. The application shall be dealt with in the presence of the public prosecutor. The sentenced person shall be given the opportunity to attend the hearing and to be assisted by his counsel.
2. The hearing of the application shall be conducted in open court, unless the District Court directs, at the request of the sentenced person or for important reasons specified in the record of the hearing, that it be conducted in closed session.
3. If the sentenced person has been deprived of his liberty by law by order of the ICC or of the authorities of a foreign State, he may be transferred to the District Court to attend the hearing.

Section 78
1. The Court shall examine the identity of the sentenced person, the admissibility of the application of the public prosecutor and the possibility of enforcing the decision of the ICC in the Netherlands and the facts and circumstances of importance to its decision.
2. The public prosecutor and the sentenced person and his counsel shall be given the opportunity to be heard at the hearing of the District Court.
3. The District Court shall be bound by the determination of the facts on which the ICC manifestly based its decision. It shall not reinvestigate these facts.
4. Articles 260 paragraph 1, 268, 269 paragraph 5, 271 paragraph 1, 272, 273 paragraph 3, 274-277, 278 paragraph 2, 279, 280, 281, 286 paragraphs 1, 4, 5 and 6, 293, 299, 300, 301 paragraphs 1, 2, 4 and 5, 310, 311 paragraphs 2-4, 315-317, 319, 320, 322 paragraphs 1 and 2, 324, 326, 327, 328-331, 345 paragraphs 1-3, 346 and 347 of the Code of Criminal Procedure shall apply mutatis mutandis.
5. If the public prosecutor has refused in accordance with section 76, subsection 2 to call a witness, the sentenced person may request the District Court to order that the witness be called after all. The District Court shall grant this request if it considers that there were no reasonable grounds for the public prosecutor to arrive at that decision.
6. The articles referred to in subsection 4 shall not apply in so far as they relate to a witness whose identity is not known or only partially known.
7. The public prosecutor shall submit an opinion to the District Court after reading it out. If his opinion is that the request for enforcement should be granted, he shall describe the penalty or measure that should, in his view, be imposed instead of the penalty imposed by the ICC.
8. The public prosecutor may withdraw his application as referred to in section 73 provided that the investigation at the hearing has not been completed. He shall immediately inform the sentenced person of the withdrawal of the application.

Section 79
1. The District Court shall grant leave for enforcement of the decision of the ICC and shall impose, subject to the relevant provisions in the Statute, the penalty or measure which the corresponding offence carries under Dutch law. The ruling of the District Court must give reasons. Articles 353 and 357 of the Code of Criminal Procedure shall apply mutatis mutandis.
2. Under no circumstances may the District Court impose a heavier penalty or measure than that determined by the ICC.
3. No legal remedy lies against the ruling. The ruling is enforceable forthwith.
4. The District Court shall immediately send Our Minister a certified copy of its ruling.
5. Articles 363 and 365 of the Code of Criminal Procedure shall apply mutatis mutandis.

Section 80
Section 69, subsection 1 shall apply mutatis mutandis to the enforcement of a penalty or measure imposed on the basis of section 79.

Section 81
1. Without prejudice to the other provisions of § 4 of this chapter, this article shall apply to a request of the ICC for enforcement of a fine.
2. Article 23, paragraphs 3, 4, 7 and 8 of the Criminal Code shall not apply to the imposition of a fine in accordance with section 79, subsection 1.
3. An order as referred to in article 24c, paragraph 1 of the Criminal Code shall not be made in the case of the imposition of a fine.
4. If the sentenced person is unwilling to pay the amount owed and complete recovery has proved impossible or has been waived by the Public Prosecution Service, the public prosecutor shall return the request, together with the accompanying documents, as soon as possible to Our Minister, who will inform the ICC.
5. If, in the case referred to in subsection 4, the ICC extends the sentence of imprisonment imposed on the sentenced person and this sentence is being enforced in the Netherlands, sections 67 and 68 shall apply mutatis mutandis to the extension of the sentence of imprisonment.

Section 82
1. Without prejudice to the other provisions of § 4 of this chapter, this article shall apply to a request of the ICC for enforcement of a forfeiture order.
2. When making his application as referred to in section 73, the public prosecutor shall also submit a list of objects or claims which have been seized pursuant to sections 61-63.
3. If the District Court grants leave to enforce a forfeiture order, it shall declare the relevant objects to be forfeited. In that case the District Court is not bound by limitations under article 33a, paragraph 1 (a) of the Criminal Code. If forfeiture of one or more objects is not possible, the District Court may declare that the objects concerned are withdrawn from circulation (onttrekking aan het verkeer) in accordance with articles 36b-36d of the Criminal Code.
4. If forfeiture or withdrawal from circulation of one or more of the objects is impossible, the District Court shall impose an obligation on the sentenced person to pay a sum of money to the State in order to deprive him of his illegally obtained advantage. Subject to the decision of the ICC, it shall determine the amount to be paid as the amount of the objects or the part thereof whose forfeiture or withdrawal from circulation is impossible.
5. Articles 552b, 552e and 552g of the Code of Criminal Procedure shall apply mutatis mutandis to rulings in so far as they impose a forfeiture or withdrawal from circulation.
6. Article 577b of the Code of Criminal Procedure shall apply mutatis mutandis to rulings in so far as they impose an obligation to pay a sum of money to the State by way of deprivation of an illegally obtained advantage.
7. Article 65 shall apply mutatis mutandis.

Section 83
1. Without prejudice to the other provisions of § 4 of this chapter, this article shall apply to a request of the ICC for enforcement of a reparation order as referred to in article 75 of the Statute, entailing an obligation on the sentenced person to pay a sum of money to or in respect of one or more beneficiaries.
2. The public prosecutor shall call the beneficiary or beneficiaries to attend, unless a calling of these persons is not reasonably possible.
3. A beneficiary has the right to disclosure of documents.
4. A beneficiary may arrange to be assisted. He may also arrange to be represented by a lawyer, if the latter declares that he is specifically authorised, or by a representative specially authorised by the beneficiary in writing.
5. At the hearing the beneficiary shall be given the opportunity to address the court regarding the application of the public prosecutor.
6. If the District Court grants leave to enforce the order referred to in subsection 1, it shall impose an obligation on the sentenced person, in accordance with article 36f, paragraph 1 of the Criminal Code, to pay a sum of money to the State in respect of the beneficiary or beneficiaries.
7. Under no circumstances may the District Court determine a sum of money exceeding that determined by the ICC. The District Court shall not reinvestigate the rights of the interested parties, unless recognition of the decision of the ICC on this subject would be incompatible with Dutch public order.
8. The State shall remit forthwith any amount received to the persons or institutions designated by the ICC.
9. Article 36f, paragraphs 4-6 of the Criminal Code shall apply mutatis mutandis.

Section 84
Everything obtained from penalties and orders as referred to in section 72 shall accrue to the benefit of the ICC, without prejudice to section 83, subsection 8.