(1) In cases under section 40, if the public prosecution office discontinues the proceedings only in respect of the criminal offence, or in the cases under section 42, if prosecution is not taken over but there are indications to the effect that the offence may be prosecuted as a regulatory offence, it transfers the case to the administrative authority.
(2) If the public prosecution office has taken over prosecution, it may transfer the case to the administrative authority as long as the proceedings are not yet pending before the court; it must transfer the case if the proceedings are terminated only in respect of the criminal offence.