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Section 87

Order for confiscation

(1) If the administrative authority must decide in the regulatory fining proceedings on the confiscation of an object, it is also responsible for ordering participation in the proceedings, the appointment of an attorney or another person who may be appointed as defence counsel, as well as for a decision on compensation (sections 424, 425, 428 (2), section 430 (3) and section 438 (1) and (2) of the Code of Criminal Procedure); section 60 sentence 2 applies accordingly.

(2) Upon issuance of the regulatory fining decision, the person involved in the confiscation procedure, unless otherwise provided by law, has the powers accruing to a person concerned. The regulatory fining notice ordering confiscation is served on him or her. At the same time, he or she is advised that a decision concerning him or her in respect of the confiscation has also been delivered.

(3) Confiscation is ordered in separate proceedings by means of a separate confiscation notice; section 66 (1), (2) number 1a and (3) apply accordingly. The confiscation notice is deemed equivalent to a regulatory fining notice. The administrative authority which would be competent in case of prosecution of a particular person is responsible; local competence is also had by the administrative authority in the district of which the object has been secured.

(4) A request for subsequent proceedings (section 433 of the Code of Criminal Procedure) against a regulatory fining notice is submitted to the administrative authority which has ordered confiscation. The court with jurisdiction in accordance with section 68 renders the decision. The administrative authority sends the records to the public prosecution office, which submits them to the court; section 69 (4) sentence 1 applies accordingly.

(5) The decision of the court on the confiscation of an object the value of which does not exceed two hundred and fifty euros is incontestable.

(6) Subsection (2) sentence 3, subsection (3) second half of sentence 3, and subsection (5), do not apply in proceedings involving the confiscation order in accordance with section 29a.

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