Art. 8. In conjunction with the confiscation of a periodical,
publication of the periodical may be prohibited in the case of an
offence referred to in Article 4, points 1 to 3, point 4, insofar as
the offence is to be regarded as gross, and points 6 and 7, for a
particular period to be determined by the court, but not
exceeding six months from the date on which the court’s ruling
in the freedom of the press case acquired legal force. Such a
ban may however be issued only when the country is at war.
General provisions of law applying to forfeiture of objects on
account of an offence apply to the confiscation of a periodical
disseminated in violation of a ban on publication, or manifestly
constituting a continuation of a periodical specified in such a
ban.
Chapter 8. Liability rules
On liability for periodicals
Art. 1. Liability under penal law for an offence against the
freedom of the press committed by means of a periodical lies
with the person notified as responsible editor at the time when
the periodical was published.
If a deputy had been notified and was acting as responsible
editor, the deputy is liable.
Art. 2. If no certificate of no legal impediment to publication
existed at the time when the periodical was published, or if the
responsible editor liable under Article 1, paragraph one, was no
longer qualified, or his or her appointment as responsible editor
had otherwise been terminated, the owner is liable.
The owner is likewise liable in a case in which the
responsible editor was appointed for appearance’s sake, or was
otherwise manifestly not in possession of the powers stipulated
in Chapter 5, Article 3, at the time when the periodical was
published.
If a deputy acting as responsible editor was no longer
qualified at the time when the periodical was published, or if
his or her appointment had otherwise been terminated, or if a
circumstance specified in paragraph two applied in respect of
the deputy, the responsible editor is liable.
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