Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 33 · Explosives Ordinance (Cap. 33)

Cap. 33 Art. 40Forfeiture of etc. corpus delicti,

PART III

In KraftAmtlicher Text

(1) Where any offence against this Ordinance or of any regulations made thereunder is proved to have been committed, the

"corpus the instruments, including any vehicle or vessel delicti", used or intended to be used in the commission of the offence, as well as any substance or thing produced by the offence shall be forfeited unless some person, who has not taken part in the offence, has a lawful claim to such instruments, vehicles, vessel, substances, or things and brings forward such claim within four working days from the day on which the judgment by which the offence is declared to have been committed becomes definitive.

(2) Notwithstanding anything contained in the preceding subarticle or in any other provision of law, in any criminal proceedings against any person for an offence against the provisions of this Ordinance or of any regulations made thereunder, the court, immediately after the reading of the charge or of the Police report or at any time thereafter, if it is satisfied that any explosive connected with the proceedings cannot be preserved for the duration of the proceedings without danger to persons or property, shall order the destruction of any such explosive under such expert supervision as it may deem expedient in the circumstances provided that in any such case the court will take all necessary steps to describe the aforesaid explosive and the state thereof.

(3) In the case of any under article 558 of the Criminal repertus Code where the document discovered consists of any explosives and it is shown to the satisfaction of the court that the provision of the said article regarding the preservation of the explosive cannot in any way be applied without danger to persons or property, the court shall proceed to order the destruction of the explosive with the precautions specified in the preceding subarticle including those relating to the description thereof.