(1) The court hearing the complaint, upon application, grants leave to lodge a complaint on a point of law in accordance with section 79 (1) sentence 2 where this is necessary
1. to enable the judgment to be reviewed for the purpose of developing the law, or of ensuring the uniformity of court decisions, unless otherwise provided in (2), or
2. to quash the judgment for want of a hearing in accordance with the law.
(2) Leave to lodge a complaint on a point of law is not granted in respect of the application of legal rules concerning procedure, and is granted in respect of the application of other legal rules only for the purpose of developing the law where
1. a regulatory fine not exceeding one hundred euros has been assessed in respect of the person concerned, or an incidental consequence involving property has been imposed the value of which has been assessed in the judgment at a sum not exceeding one hundred euros, or
2. the person concerned has been acquitted of a regulatory offence, or the proceedings have been discontinued and, in respect of the offence, the regulatory fine assessed in the regulatory fining notice or in the penal order did not amount to more than one hundred and fifty euros, or the public prosecution office applied for imposition of such regulatory fine.
(3) The provisions on the lodging of a complaint on a point of law apply accordingly to the application for leave to lodge a complaint on a point of law. The application is deemed to be a complaint on a point of law lodged by way of precaution. The provisions concerning submission of the notices of complaint on a point of law and the reasoning therefor (sections 344 and 345 of the Code of Criminal Procedure) are complied with. The reasoning stated in the notices of complaint also includes the reasons why the preconditions referred to in subsection (1) apply. Section 35a of the Code of Criminal Procedure applies accordingly.
(4) The court hearing the complaint renders a decision on the application in a ruling. Sections 346 to 348 of the Code of Criminal Procedure apply accordingly. Reasoning need not be given for the ruling rejecting the application. If the application is rejected, the complaint on a point of law is deemed to have been withdrawn.
(5) If it emerges, prior to the decision on the application for leave to lodge a complaint on a point of law, that an impediment to the proceedings exists, the court hearing the complaint discontinues the proceedings only if the impediment to the proceedings occurred after delivery of the judgment.