(1) In regulatory fining proceedings, the court is not bound by the evaluation of the offence as a regulatory offence. It may however only render a decision based on a criminal provision if the person concerned has previously been informed of the change in the legal assessment of the case, and has been afforded the opportunity to defend himself or herself.
(2) The person concerned is informed of the change in the legal assessment at the request of the public prosecution office, or ex officio. Upon this information, he or she has the legal status of a defendant. The hearing is interrupted if the court considers this to be necessary, or if the defendant so applies. The defendant is informed of his or her right to apply for such interruption.
(3) The special provisions of the present Act no longer apply in the further proceedings. The evidence taken up to that point in the presence of the person concerned may however also be used if it has been taken in accordance with these provisions; this does not however apply to the taking of evidence in accordance with section 77a and section 78 (1).