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Section 47

Prosecution of regulatory offences

(1) The prosecution of regulatory offences is within the duty-bound discretion of the prosecuting authority. As long as the proceedings are pending before the prosecuting authority, they may be terminated by such authority.

(2) If proceedings are pending before the court, and if sanctioning is not deemed appropriate by the court, it may, with the consent of the public prosecution office, discontinue the proceedings at any stage. Such consent is not required where a regulatory fine of up to one hundred euros has been imposed in a regulatory fining notice, and the public prosecution office has declared that it will not attend the main hearing. The decision is incontestable.

(3) Discontinuation of the proceedings is not made to depend on, or relate to, payment of a sum of money to a non-profit-making institution or other agency.

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