Chapter 10. On special coercive measures
Article 1
If there are grounds for the possible confiscation of printed matter on account of an offence against the freedom of the press, the printed matter may be impounded pending a decision.
In a case under Chapter 7, Article 8, an order may also be issued prohibiting publication of a periodical pending a decision by the court.
Article 2
If the offence falls within the scope of public prosecution, the Chancellor of Justice may order the printed matter to be impounded, and publication prohibited under Article 1, before proceedings have been instituted on account of an offence against the freedom of the press, or application made to the court for confiscation of the printed matter. It may be laid down in law that a public prosecutor may be similarly empowered to order material to be impounded within his or her jurisdiction.
Article 3
If impoundment has been effected without a court order, the person affected may demand to have the matter examined before a court of law.
When a public prosecutor has ordered material to be impounded, the Chancellor of Justice shall be notified promptly. The Chancellor of Justice shall determine forthwith whether the order shall be upheld.
Article 4
When the Chancellor of Justice has ordered material to be impounded or has confirmed an order issued by a public prosecutor, legal proceedings shall be instituted, or application made for confiscation of the printed matter, within two weeks from the date on which the Chancellor of Justice pronounced his or her decision. Failing such action, the impoundment order and any accompanying order prohibiting publication lapse.
Article 5
Once legal proceedings have been instituted for an offence against the freedom of the press or an application has been made to the court for printed matter to be confiscated, the court is entitled to order the matter to be impounded and publication prohibited, or to rescind an impoundment order or order prohibiting publication which has already been issued.
In reaching its decision in such a case, the court shall determine whether an order which has been issued shall continue in force. If the case is dismissed because the court is not competent, or if the court otherwise dismisses the case without determining whether the printed matter is of a criminal nature, and if there is reason to suppose that there will be an application for confiscation in another case, the court may confirm the order for a particular period which the court determines. If no proceedings are instituted within this period, the order lapses.
Article 6
An impoundment order shall contain a statement indicating the passage or passages in the printed matter which occasioned the order and applies only to the volume, part, issue or instalment in which these passages occur.
Article 7
An impoundment order shall be executed by the police authority forthwith.
Provisions of law concerning the prohibition of the dissemination of printed matter which is subject to an impoundment order are laid down in Chapter 6, Article 3.
Article 8
Impoundment of printed matter shall relate only to copies intended for dissemination.
Proof of impoundment of printed matter shall be provided as soon as possible, and free of charge, both to the person against whom impoundment was effected and to the person who printed the material. Such proof shall indicate the passage or passages in the printed matter which occasioned the impoundment order.
Article 9
When an impoundment order has been rescinded or has lapsed, execution of impoundment is reversed forthwith.
Article 10
Repealed.
Article 11
If the Realm is at war or exposed to the danger of war and printed matter is discovered at a unit of the armed forces which manifestly constitutes such criminal sedition under Chapter 7, Article 4, as may induce members of the armed forces to neglect their duties, the printed matter may be taken into safekeeping pending issue of an impoundment order, on a decision by the officer competent in law to decide matters of disciplinary responsibility in respect of the unit concerned.
If delay may prove detrimental, action under paragraph one may also be taken by another officer under provisions laid down in law, in the absence of a decision under paragraph one. Such action shall however be reported promptly to the officer referred to in paragraph one. This officer shall consider forthwith whether the printed matter shall remain in safekeeping.
Article 12
When a decision has been made to take printed matter into safekeeping under the provisions of Article 11, the Chancellor of Justice shall be notified as soon as possible. The Chancellor of Justice then considers forthwith whether the printed matter shall be impounded.
Article 13
General provisions of law applying to the impoundment of objects which may be declared forfeit apply to the impoundment of a periodical disseminated in violation of an order prohibiting publication, or manifestly constituting a continuation of a periodical, the publication of which has thus been prohibited.
Article 14
A copy of printed matter which can reasonably be presumed to have significance for the investigation of a freedom of the press case may be impounded. The provisions of Articles 2 and 3; 5, paragraph one; 6; 7, paragraph one; and 9 apply. General provisions of law relating to impoundment apply in relevant parts. Legal proceedings shall however always be instituted within one month from the date on which the impoundment order was issued, if the court does not allow an extension in response to a submission from the Chancellor of Justice.
