PART THREE ADMINISTRATION OF PROCEDURE
CHAPTER XXVIII ENFORCEMENT OF DECISIONS
Article 486
Enforcement of a Punishment of Fine
If a fine imposed by the present Code cannot be collected even by compulsion, the court
executes it by applying Article 43 of the Criminal Code.
Article 487
Enforcement of Judgment Related to Expenditures of Criminal Proceedings,
Confiscation and Property Claims
1. With respect to the costs of criminal proceedings, respective fee for crime victim compensation,
confiscation and a property claim, the judgment is executed by the competent court under the
applicable provisions in enforcement proceedings.
2. Collection by compulsion of the costs of criminal proceedings which are to be paid into the
budget is carried out ex officio. The costs of collection by compulsion are paid first from the
budgetary resources of the court.
3. If a judgment contains an order for confiscation of property, such property automatically
becomes the property of the State. A certified copy of the final judgment shall immediately be
sent to the Agency of Management of Sequestered and Confiscated Property which may sell
the objects or place them in the use of the Government. The monetary proceeds from sale of
such objects will be credited to the budget.
4. Aside from the reopening of criminal proceedings or a petition for the protection of legality, a
final order to confiscate an object may be amended in civil litigation if a dispute arises as to the
ownership of the object confiscated.
Article 488
Enforcement of Ruling and Order
1. Unless otherwise provided for in the present Code, a ruling is executed when it becomes
final. An order is executed immediately unless the body issuing the order orders otherwise.
2. A ruling becomes final when it may no longer be contested by an appeal or when no appeal
is permitted.
3. Unless otherwise provided for, rulings and orders are executed by the bodies that have
rendered them. If in a ruling a court has decided on the costs of criminal proceedings, those
costs will be collected in accordance with the provisions of Article 487 paragraphs 1 and 2 of
this Code.
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.
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.