Chapter 9. On supervision and prosecution
Art. 1. The Chancellor of Justice shall monitor that the limits
set in this Act for the freedom of the press are not transgressed.
Art. 2. The Chancellor of Justice is sole prosecutor in cases
concerning of-fences against the freedom of the press. No one
other than the Chancellor of Justice may institute a preliminary
investigation concerning offences against the freedom of the
press. Only the Chancellor of Justice and a court of law may
approve coercive measures on suspicion that such an offence
has been committed, unless otherwise provided in this Act.
The Government has the right to report printed matter to the
Chancellor of Justice for prosecution on account of an offence
against the freedom of the press. It may be laid down in an act
of law that legal proceedings on account of an offence against
the freedom of the press may be instituted only with the
Government’s consent.
The Chancellor of Justice is likewise sole prosecutor in
freedom of the press cases which are not cases concerning
offences against the freedom of the press, and in cases
otherwise relating to violations of regulations contained in this
Act: provisions of law however regulate the right of the
Parliamentary Ombudsman to act as prosecutor in cases of this
nature.
Art. 3. Legal proceedings on account of an offence against the
freedom of the press shall be instituted, in the case of a
periodical for which a valid certificate of no legal impediment
to publication existed at the time of publication, within six
months, and in the case of other printed matter, within one year
from the date of publication, with effect that the matter shall
otherwise be exempt from such proceedings. This provision
notwithstanding, if such proceedings have been instituted
within the time specified, fresh proceedings may nevertheless
be instituted against another person who is liable in respect of
the offence.
Provisions of law governing the period within which an
offence must be prosecuted if penal sanctions are not to lapse
apply also with respect to offences against the freedom of the
press.
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