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Military government weekly information bulletin
Number 98 (June 1947)

Powers of economic council set,   pp. 14-17 PDF (2.8 MB)


Page 16

or manager thereof an administrative fine
(Ordnungsstrafe) not exceeding the fines of
RM 20,000 and RM 10,000 mentioned respect-
ively in Section 12 and not exceeding the
fine of RM 100,000 mentioned in Section 13,
or, if the enterprise is carried on by a
juristic person, on such juristic person, unless
the proprietor or manager of the enterprise
or the legal representative of the juristic per-
son proves that he has excercised requisite
care in business to prevent such an offense.
(2) The accused shall be entitled to be
heard before the fine is imposed.
Section 21
If in the case of an offense punishable under
Section 12 or 13 there is no public interest
in obtaining the decision of a Court, the
Authority (Section 38) may impose upon7 the
accused in each case an administrative fine
within the limits of Section 20. The accused
shall be entitled to be heard before the fine
is imposed.
Section 22
(1)  Any  information  with  Iespect  to
offenses under the penal provisions of this
Ordinance received by the Staatsanwaltschaft
or any other authority shall be forwarded to
the  Authority  having  jurisdiction  under
Section 38.
(2) Unless such Authority passes the matter
over to the Staatsanwaltschaft, having regard
to the existence of a public interest in a
judicial decision, it shall investigate the facts.
Before imposing -an administrative fine the
Authority (Section 38) shall communicate the
result of its investigations to the Staats-
anwaltschaft, which shall decide finally
whether it will undertake a prosecution. The
same   procedure  shall  apply  where  the
Authority  decides not to impose   an  ad-
ministrative fine.
(3) So long as the Staatsanwaltschaft has
not undertaken the prosecution, the Author-
ity (Section 38) may seize objects liable to
forfeiture if there is a risk that the forfeiture
may otherwise be frustrated.
Section 23
(1) A person on whom an administrative
fine has been imposed may, within one- week
of notification thereof, apply in writing or
orally ad protocellum to the Authority which
issued the order for an adjudication by the
court. The period of limitation will cease to
run upon the receipt of an application by
the Court.
(2) The application shall forthwith be for-
warded to the Amtsgericht or, where the
fine exceeds RM 10,000, to the Strafkammer of
the Landgericht for adjudication. Unless the
application is received by the Court the
Authority may rescind the order imposing
the fine and either dispense with punish-
ment altogether or make a new order. The
applicant shall be informed.
(3) Where the application is forwarded to
the Court for adjudication, the Authority
which imposed the fine shall submit its ob-
servations thereon.
Section 24
(1) The provisions of the Strafprozess-
ordnung I Strafrechtspflegeordnung  regarding
the procedure before the Beschwerdegericht
shall apply mutatis mutandis to the pro-
ceedings before the Court. The Staatsanwdlt-
schaft shall take no part in the proceedings.
The decision of the Court is final. The
order imposing the administrative fine may
not be modified to the prejudice of the
applicant.
(2) Where the order imposing an ad-
ministrative  fine  has  become  final,  no
further proceedings under this ordinance may
be instituted in respect of the same offense.
Section 25
(1) In cases under Sections 20 and 21 the
Authority (Section 38) may, in addition to
the administrative fine, order a forfeiture.
Section 14, subsections (2) to (8) shall mutatis
mutandis. The Staatsanwaltschaft shall take
no part in the proceedings.
(2) The provisions regarding the application
for adjudication by the Court (Sections 23
and 24) shall apply mutatis mutandis. The
Amtsgericht shall decide the application in
all cases.
(3 Section 15 shall apply.
Section 26
(1) The Authority (Section 38) may, even
before the imposition of a penalty, order the
measures provided for in Section 17 where
there is a strong suspicion that the provi-
sions of Section 17, subsection (1) are ap-
plicable to the accused. Section 17 shall apply
mutatis mutandis.
(2) The Authority shall communicate the
result of its investigations to the Staatsanwalt-
schaft with dispatch. If the Staatsanwalt-
schaft declines to undertake the prosecution
or does not, within one month after the
order under Section 17 has been served on
the accused, declare that it undertakes the
prosecution, the measures so far taken shall
be rescinded forthwith.
Section 27
The Court or the Authority (Section 38) may
order the publication at the expense of the
person concerned of the sentence as well as
of any order made under Section 17. The
manner of the publication and the time within
which it should be effected, shall be fixed
in the dicision of the Court or in the order
imposing the administrative fine.
Section 28
When an administrative fire imposed under
Section 20 or 21 cannot be recovered, the
Court having jurisdiction under Section 23,
subsection 2 shall, at the request of the
Authority (Section 38), fix as a substituted
penalty of confinement a term of detention
(Haftstrafe) appropriate to the guilt of the
offender, but not exceeding six weeks. The
person concerned shall be entitled to be
heard before the decision is made. The de-
cision is subject to the appellate remedy of
"sofortige Beschwerde".
Section 29
The order imposing an administrative fine
and the decision regarding forfeiture shall set
forth the reasons therefor. The offense, the
provisions infringed, the evidence and the
legal remedies shall be indicated therein.
Section 30
(1) The order imposing an administrative
line shall be served on the person fined.
(2) Service is governed mutatis mutandis
by the provisions of the Zivilprozessordnung
regarding service ex officio (Zustellung von
Amts wegen) with the exception of Section 189,
203 to 207, 210a and 212a. If service in the
prescribed manner is not practicable it shall
be deemed to have been effected if that part
of the order which contains the decision
imposing the administrative fine has been
published in a newspaper to be determined in
WEEKLY INFORMATION BULLETIN
implementing regulations issued under this
Ordinance and if two weeks have lapsed
since publication.
Section 31
The provisions of the Strafprozessordnungl
Strafrechtspflegeordnung shall apply mutatis
mutandis to the computation of the time-
limits and the restoration of rights in the
case of elapsed timelimits.
Section 32
(1) If an accused person admits an infringe-
ment, such admission may be recorded in a
minute setting out the essential circumstances
of the offense and the relevant penal pro-
visions. The accused may submit to an ad-
ministrative fine to be imposed simultane-
ously with such recording and to the for-
feiture of objects in respect of which the
offense has been committed. The submission
has the same effect as an order imposing an
administrative fine which has become final.
(2) Section 22, para. 2, 2nd sentence, mnd
Section  24, para. 2, shall apply  mutatis
mutandis.
Section 33
(1) The execution of an order imposing
an administrative fine is . governed by the
provisions of the Land law applicable.
(2) The Authority, which issued the order
imposing the administrative fine, has juris-
diction to allow payment by installments or
to allow time for payment. Installment shall
in the first place be applied to the fine.
(3) Execution may be levied against the
estate of a deceased person only if the order
imposing the fine had become final during
the life time of the person fined.
Section 34
The costs of the proceedings regarding ad-
ministrative fines are to be charged to the
person fined. If several persons have been
fined on account of the same offense they are
jointly and severally liable for the expenses;
this does not apply to expenses incurred in
levying execution.
Section 35
(1) The fee for each order imposing an ad-
ministirative fine shall be 5 0/ of the amount
of the fine imposed and of the value of the
forfeited objects, but in no case less than
RM 5. In respect of ani unsuccessful applica-
tion for adjudication by the Court, one-half
of te above fee shall be charged; the fee shall
be reduced if the application succeeds in
part.
(2) The following will be charged as ex-
penses:-
1. Fees for telegrams and long-distance tele-
phone calls;
2. Costs of service of documents and public
notifications;
3. Allowances paid to widnesses and ex-
ports;
4. Tiaveling expenses of officials in respect
of duties away fiom their office;
5. Disbursements of other authorities;
6. Costs of preservation of forfeited objects
and the transport of persons or objects.
(3) The costs of executing an order impos5
ing an administrative fine shall be collected
in accordance with the provisions of the Land
Law; the costs of executing a substituted
penalty of confinement shall be governed by
the provisions regarding the execution of
penalties of confinement.
23 JUNE 1947
16


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