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Section 79

Complaint on a point of law

(1) A complaint on a point of law is admissible in respect of a judgment and a ruling in accordance with section 72 if

1.  a regulatory fine of more than two hundred and fifty euros has been assessed in respect of the person concerned,

2.  an incidental consequence has been ordered, unless such incidental consequence involves property the value of which has been assessed, in the judgment or in the ruling in accordance with section 72, as not exceeding two hundred and fifty euros,

3.  the person concerned has been acquitted of a regulatory offence, or the proceedings have been discontinued, or imposition of deprivation of the right to drive has been dispensed with and, in respect of the offence, the regulatory fine assessed in the regulatory fining notice or in the penal order amounted to more than six hundred euros, deprivation of the right to drive was imposed, or the public prosecution office applied for imposition of such regulatory fine or deprivation of the right to drive,

4.  the objection has been rejected by judgment as being inadmissible, or

5.  a decision has been given in a ruling in accordance with section 72, although the complainant had objected to this procedure in good time, or a hearing in accordance with the law has been otherwise denied to him or her.

A complaint on a point of law is also admissible where it is admitted (section 80).

(2) If the judgment, or the ruling in accordance with section 72, concerns more than one offence, and if the preconditions of sentence 1 of subsection (1) numbers 1 to 3, or of sentence 2, apply only with regard to individual offences, a complaint on a point of law is admissible to that extent only.

(3) In respect of a complaint on a point of law and the further proceedings, the provisions of the Code of Criminal Procedure and of the Courts Constitution Act concerning an appeal on a point of law only apply accordingly, unless otherwise provided by the present Act. Section 342 of the Code of Criminal Procedure also applies accordingly to an application for restoration of the status quo ante in accordance with section 72 (2) first half of sentence 2.

(4) The time-limit allowed for lodging a complaint on a point of law commences upon service of the ruling in accordance with section 72, or of the judgment in which it has been pronounced in the complainant's absence and the latter has also not been represented by defence counsel with documented power of attorney in accordance with section 73 (3).

(5) The court hearing the complaint renders its decision in a ruling. Where the complaint on a point of law is directed against a judgment, the court hearing the complaint may render its decision in a judgment following a main hearing.

(6) Where the court hearing the complaint quashes the contested decision, it may itself, in derogation from section 354 of the Code of Criminal Procedure, render a decision on the merits, or may remit it to the local court whose decision is quashed, or to another local court of the same Land.

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