Participation of the resolution authority and notifications in criminal matters

(1) In criminal proceedings against owners or managers of institutions or group entities, or members of the administrative or supervisory bodies of institutions or group entities, and against holders of significant holdings in institutions or group entities, or their legal representatives or personally liable partners, for breach of their professional duties or other criminal offences committed in connection with, or arising from, the pursuit of a trade or the operation of another commercial undertaking, the court, the criminal prosecution authority, or the criminal enforcement authority must, where public charges are brought, transmit to the resolution authority 1. the indictment or the application taking its place, 2. the application for a penal order, and 3. the decision concluding the proceedings, with reasons; where an appeal has been lodged against the decision, the decision is transmitted together with a note of the appeal lodged. In proceedings concerning offences committed negligently, the transmissions specified in the first sentence, points 1 and 2, are made only where, in the transmitting body's assessment, prompt decisions or other measures of the resolution authority are called for.
(2) Where facts otherwise become known in criminal proceedings that indicate irregularities in the business operations of an institution or group entity, and knowledge of them is, in the transmitting body's assessment, necessary for measures of the resolution authority under this Act, the court, the criminal prosecution authority, or the criminal enforcement authority should likewise communicate those facts, unless it is apparent to the transmitting body that the interests of the person concerned that merit protection outweigh this. In doing so, regard must be had to how well established the information to be transmitted is.
(3) The resolution authority is granted access to files on application, unless it is apparent to the body granting access that the interests of the person concerned that merit protection outweigh this. Subsection (2), second sentence, applies correspondingly.