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Section 58

Authorisation of cautioning

(1) The authorisation in accordance with section 57 (2) is issued by the official's highest superior authority, or by the office designated by such authority. The highest superior authority contacts the competent authority in respect of the question as to the regulatory offences where authorisations are to be issued. The relevant competent Federal Ministry has jurisdiction over regulatory offences the prosecution and sanctioning of which falls within the jurisdiction of an administrative authority of the Federation, in other cases jurisdiction lies with the relevant competent highest Land authority.

(2) Insofar as uniform treatment is appropriate in relation to certain regulatory offences having regard to their frequency and similarity, general authorisations issued to administrative staff and police officials for the purpose of cautioning contain detailed provisions regarding the cases and the conditions under which cautioning is to take place, and regarding the amount of the cautionary fine to be imposed.

III. PROCEEDINGS OF THE ADMINISTRATIVE AUTHORITY

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