(1) Sections 359 to 373a of the Code of Criminal Procedure apply accordingly to the re-opening of proceedings that have been concluded by a final regulatory fining decision, unless otherwise determined by the provisions below.
(2) The re-opening of the proceedings in favour of the person concerned supported by new facts or evidence (section 359, number 5 of the Code of Criminal Procedure) is not permissible if
1. only a regulatory fine of up to two hundred and fifty euros has been assessed against the person concerned, or
2. three years have passed since the regulatory fining decision has become legally effective.
Sentence 1 number 1 applies accordingly if an incidental consequence involving property has been ordered the value of which does not exceed two hundred and fifty euros.
(3) The re-opening of the proceedings to the disadvantage of the person concerned is permissible under the prerequisites of section 362 of the Code of Criminal Procedure only for the purpose of creating a conviction in accordance with criminal law. For this purpose, it is also permissible if new facts or items of evidence have been submitted which are apt, separately or in conjunction with former evidence taken, to substantiate the conviction of the person concerned for a major crime.
(4) In the re-opened proceedings against the regulatory fining notice, the court with jurisdiction in accordance with section 68 renders a decision. If such re-opening of the proceedings is requested by the person concerned, or if circumstances become known to the administrative authority which permit the proceedings to be re-opened, it sends the records to the public prosecution office. Section 69 (4) sentence 1 applies accordingly.