Icelandic Authorities Strengthen International Cooperation on Confiscation and Compensation

Enhancing International Cooperation in Criminal Proceedings

The Icelandic authorities have outlined new guidelines for handling confiscation orders and compensation claims in criminal proceedings, aimed at enhancing international cooperation. According to Article 69 b of the General Penal Code No. 19/1940, confiscation orders can be directed against legal persons under certain circumstances.

Notification Requirements

Foreign states are now required to notify or document their investigation or criminal proceedings by mail to individuals in Iceland, with translations provided if necessary. Notifications and documents must include information on the recipient’s rights and obligations under the documentation. Additionally, foreign authorities are required to provide instructions for obtaining further information on the case from relevant authorities.

Clarification of Confiscation Orders

Icelandic law has clarified its stance on confiscation orders against legal persons. Under Article 69 b, paragraph 3 of the General Penal Code No. 19/1940, confiscation orders can be issued against legal persons if certain conditions are met, including that the offence is punishable by at least six years’ imprisonment.

Victims’ Rights

The authorities have also highlighted the importance of victims’ rights in criminal proceedings, stating that victims are not parties to criminal proceedings but can raise claims for compensation during trials. Article 69 e of the General Penal Code No. 19/1940 provides that the value of confiscated items can be used to pay a compensation claim from the victim.

Conclusion

These new guidelines and clarifications on confiscation orders and compensation claims demonstrate Iceland’s commitment to strengthening international cooperation in criminal justice and promoting transparency and fairness in criminal proceedings.

Source: Icelandic Ministry of Justice