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Section 83

Proceedings relating to regulatory offences and criminal offences

(1) Where regulatory offences and criminal offences are the subject of the proceedings, and where specific offences are prosecuted as regulatory offences only, section 46 (3), (4) and (5) sentence 2, and subsection (7), sections 47, 49, 55, 76 to 78, 79 (1) to (3), as well as section 80, also apply to the proceedings relating to such offences.

(2) Where, in the cases under subsection (1), a complaint on a point of law is lodged against the judgment where the latter relates only to regulatory offences, and an appeal on points of fact and law in respect of all other cases, a complaint, if lodged in time and in the prescribed form, is treated as an appeal on points of fact and law as long as the appeal on points of fact and law is not withdrawn or dismissed as inadmissible. Notices of complaint including the reasoning therefor is nevertheless submitted in the prescribed form and served on the opponent (sections 344 to 347 of the Code of Criminal Procedure); there is however no need to grant leave in accordance with section 79 (1) sentence 2. A complaint on a point of law, in accordance with section 79 subsections (1) and (2), as well as section 80, is admissible against a judgment rendered in an appeal on points of fact and law.

(3) If the court hearing the complaint quashes a judgment where the latter relates to regulatory offences only, it may render its own decision on the merits.

CHAPTER SEVEN
LEGAL FORCE AND RE-OPENING OF THE PROCEEDINGS

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