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Section 131

Section 131

(1) The administrative authority within the meaning of section 36 (1) number 1

1.  in case of regulatory offences in accordance with section 112 involving contraventions of orders

a)  issued by the Bundestag or its President, is the director at the German Bundestag;

b)  issued by the Bundesrat or its President, is the director of the Bundesrat;

2.  concerning regulatory offences in accordance with section 114, is the Federal Office of Infrastructure, Environmental Protection and Services of the Bundeswehr;

3.  in case of regulatory offences in accordance with section 124, concerning a coat of arms or an official flag of the Federation, is the Federal Ministry of the Interior, Building and Community;

4.  in case of regulatory offences in accordance with sections 127 and 128, concerning

a)  securities of the Federation or its special funds, is the Federal Financial Supervisory Authority;

b)  money or paper for the production of money, is the Deutsche Bundesbank (German Federal Bank);

c)  official stamps, is the Federal Ministry responsible for the area in which the stamps have been produced or issued.

Sentence 1 number 4a and c also apply to regulatory offences involving corresponding securities or stamps originating from a foreign currency area. Section 36 (3) applies accordingly in cases falling under numbers 3 and 4c of sentence 1.

(2) In cases falling under sections 122 and 130, the regulatory offence is prosecuted only upon request or authorisation if the act committed in a state of intoxication, or the violation of duty, could only be prosecuted upon request or by authorisation.

(3) The procedural provisions also apply accordingly to prosecutions for regulatory offences in accordance with sections 116, 122 and 130, applicable to prosecution of acts committed upon instigation, acts committed in a state of intoxication, or violations of duty which would be applicable in cases falling under sections 130 if the violation of duty subject to sanctioning would be subject to a regulatory fine only.

PART IV
FINAL PROVISIONS

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