Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 9.22 · Methods Of Service Of Judicial Acts (S.L. 9.22)

S.L. 9.22 Art. 8Whennotification cannot be accepted.

In KraftAmtlicher Text

(1)(a) In the event that with the second attempt to notify the person, notification of the judicial act cannot be effected in terms of regulations 4 and 5, the officer charged with the notification shall leave the summons at the last registered address or affix it to the door of that last registered address: Provided that the officer may not leave the summons at the last registered address or affix it to the door of that last registered address unless the second attempt has been carried out the next following day or after the lapse of any longer period.

(b) Moreover abstracts of the judicial acts shall be published once in the Gazette or one daily newspaper, which abstracts shall contain the name and surname of the offender, a legally valid identification document number of the offender, the respective Court where the sitting is going to be held, the sitting date and time, and the charges: Provided that if the last registered address is not known, it shall suffice and a person shall be deemed to be notified, if abstracts of the judicial act are published in accordance with paragraph (b).

(2) The officer who effects notification in terms of subregulation (1)(a) and (b) shall draw up a certificate of service in terms of regulation 14.

(3) Copies of the abstracts published as required by the proviso to sub-regulation (1)(b) shall be exhibited before the Court by the Prosecuting Officer and such fact shall be noted down in the Court proceedings.

(4) Notification effected in terms of sub-regulation (1) shall, in all cases, be deemed to have been made three days following the publication.