Cap. 504 чл. 93Special procedure.

(1) Notwithstanding any other law providing for the trial and punishment of offences, where the Authority believes that a person has committed an offence against this Act, other than an offence under article 94(1)(d), the Authority may give notice in writing to such person describing the offence of which the person is accused, indicating the steps to be taken to remedy the offence and a penalty which he is required to pay in respect of that offence: Provided that the Authority may not require the payment of a penalty higher than fifty thousand euro and shall be in accordance with a schedule of penalties, which the Minister, after consulting the Authority, and with the concurrence of the Minister responsible for finance, may by regulations prescribe: Provided further that any person who feels aggrieved by a decision of the Authority under this sub-article, may appeal to the Tribunal for a revocation or modification of such a penalty.

(2) Where a notice under this article has been given, the person named in the notice may, within twenty-one days of the service of the notice, accept responsibility for the offence specified in the notice and within the same period or such further period as the Authority may allow, remedy the offence and pay, or undertake in writing to pay, the penalty indicated in the notice or such other penalty as the Authority may accept in lieu, and in any such case:

(a) the person named in the notice shall be deemed to have committed the offence and to have admitted his guilt in respect thereof, and the penalty paid, or agreed to be paid, shall be the penalty to which he became liable to person in respect of the same facts: Provided that the agreement to pay to the compromise penalty shall not extinguish any civil liability to make good any damages to any person or authority and any liability arising under article 38;

(c) if the penalty is not paid within the period, or further period, aforesaid, it shall be treated as if it were a penalty ordered to be paid by a court and proceedings may be taken accordingly to recover the same as a civil debt due to the Authority.

(3) Where the person to whom notice is given under sub-article

(1) does not accept or, having accepted such responsibility, fails to remedy the offence within the time aforesaid, ordinary criminal proceedings may be taken against him in accordance with the provisions of law applicable to the offence.