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Part 13 · Criminal Provisions, Provisions on Regulatory Fines › Section 65

Communication in Criminal Matters

In criminal proceedings against owners or managers of institutions, or against holders of significant holdings in institutions or their statutory representatives, for breach of their professional duties or other offences committed in or in connection with carrying on a trade or the operation of some other economic undertaking, the court, the prosecuting authority or the enforcement authority must, in the event public charges are brought, transmit to BaFin 1. the indictment or an 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 must be transmitted with a note of the appeal lodged. Section 60a(1a) to (3) of the Banking Act applies correspondingly.

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