S.L. 117.15 чл. 26Penalties.

(1) Any person who contravenes or fails to comply with any of these regulations or any order made under these regulations or otherwise imposed by these regulations or any condition attached to any licence issued under these regulations shall be guilty of an offence against these regulations.

(2) Offences against these regulations shall be deemed to be contraventions.

(3) The provisions of the Criminal Code relating to criminal proceedings shall, subject as hereinafter stated, apply in respect of proceedings for offences against these regulations:

Provided that proceedings in respect of an offence against these regulations may be commenced at any time within one year from the commission of the offence.

(4) Any person guilty of an offence against these regulations shall be liable -

(a) on a first conviction, to a fine (multa) of not less than one hundred and sixteen euros and forty-seven cents (116.47) but not exceeding five hundred and eighty-two euros and thirty-four cents (582.34);

(b) on a second conviction, to a fine (multa) of not less than two hundred and thirty-two euros and ninety-four cents (232.94) but not exceeding one thousand and one hundred and sixty-four euros and sixty-nine cents (1,164.69) sohowever that if the second offence is committed within twelve months from the first conviction the offender shall be liable to the penalty contained in paragraph (c) of this sub-regulation;

(c) on a further conviction, to a fine (multa) of two thousand and three hundred and twenty-nine euros and thirty-seven cents (2,329.37): Provided that where the offence is one as is provided in regulation 7(3) or in regulation 21(5), or consists in giving information which is incorrect or misleading as provided in regulation 17(2), the Court may, and if so requested by the prosecution shall, in addition to any other punishment, sentence the offender to imprisonment for a term of not less than ten days and not exceeding six months.

(5) In addition to the punishments laid down in the foregoing provisions of this regulation, the Court shall, on the demand of the prosecution -

(a) in the case of a second conviction, order the suspension of the offender’s licence for a period of not less than one week and not more than three months; and

(b) in the case of a further conviction, order the cancellation of any licence held by the offender and relating to any trade or business and of any licence relating to the premises to which the offence relates.

(6) In every case of conviction for an offence against these regulations, the Court may, and if so requested by the prosecution shall, order the forfeiture of the commodities to which the offence relates.

(7) The suspension of the licence ordered by the Court shall have effect from such date, being a date within eight days from the date of the sentence, as the prosecuting officer may specify orally to the Court during the proceeding.

(8) The provisions of the Probation Act, shall not be applicable in respect of any offence against the provisions of these regulations.

(9) The court by which a person is found guilty of an offence against these regulations consisting in the selling of any commodity at an unreasonable price or at a price higher than the maximum price of that commodity shall order the offender to refund to the person to whom the commodity has been sold such portion of the price charged as the court shall fix or such amount as was in excess of the maximum price fixed, as the case may be, within such time not exceeding one month, as the Court shall prescribe, under a penalty of not less than four euros and sixty-six cents (4.66) for each day of default in case of non-compliance with such order within the time fixed, saving the right of the person to whom the refund is due to recover the amount by civil process before the competent Court, for which purpose the order for the refund made by the Court of Magistrates shall constitute an executive title and may be enforced by the creditor after two days following the service on the debtor of a demand for payment made by a judicial act.

(10) Where an offence against these regulations is committed by an individual acting in the name, or on behalf or in the interest of a partnership or an association or other body or group of persons, or where action is taken against an individual by virtue of his liability as a director, manager, secretary or other similar officer of such body, association or group as provided in article 13 of the

Interpretation Act, or by virtue of any liability under article 10 of the Act, and it results that an offence against these regulations has occurred, the provisions of this regulation relating to the suspension or cancellation of any licence held by the offender or other person as aforesaid shall apply also to any licence held by or in the name, or on behalf or in the interest of the partnership, association or other body or group of persons of which the offender or other person as aforesaid is a director, manager, secretary or other officer or in whose name or interest or on whose behalf such person was acting, and such licence shall equally be suspended or cancelled accordingly.