Article 27.

Any person who, for pecuniary gain, is induced to secure publication or suppression of some item in a newspaper, shall refund the sum, upon demand, to the person who advanced it for such purpose, if such publication or suppression constitutes an offence against public morality ("den guten Sitten "). Claims for such repayment lapse three years after receipt of the pecuniary gain. The claim may only be pursued against heirs in so far as they may have benefited by the transaction.

Article 28.

Should an order of forfeiture be pronounced twice within one year (Articles 41 and 42) against a newspaper published abroad, the Federal Government may, within two months after the second. judgment has become final, suspend the circulation of the paper within Austrian territory for the period of one year. prohibition shall be announced in the "Official Gazette."

Such

2. Any person who circulates a foreign newspaper in contravention of such prohibition is liable to a fine of 3.000 to 30,000 crowns. The forfeiture of the newspaper issues intended for circulation may also be ordered.

SECTION IV. Responsibility for Punishable Offences arising out of the Contents of Printed Matter.

Article 29.

The responsibility for punishable offences arising out of the contents of printed matter is determined in accordance with the criminal law.

Article 30.

1. The responsible editor of a newspaper which contains matter constituting a punishable offence, if he is not punishable as the principal or accomplice, is responsible for that negligence in supervision which resulted in the publication of the matter constituting the offence; similar responsibility devolves on persons who are responsible for the contents of printed matter as designated in the third paragraph of Article 16.

2. The editor of other printed matter is responsible for negligence in supervision only if, during his preliminary examination, he is unable to name a writer or publisher who at the time of the publication of the printed matter was resident within the Republic. The printer of such printed matter is responsible for negligence in supervision only when the regulations contained in Articles 15, 16 and 20 have been disregarded; and persons circulating such printed matter are so responsible only when such circulation infringes the provisions of the present law, or where the special circumstances were such as to give grounds for suspicion of the punishable nature of the contents.

3. Responsibility for negligence in supervision is incurred as from the date of circulation.

4. Negligence in supervision is an offence punishable with a fine of from 5,000 to 50,000 crowns; if, however, the contents of the printed matter constitute a crime, it is punishable with from three days' to three months' imprisonment.

5. A person who through unavoidable circumstances is prevented from taking proper precautions is not liable to punishment.

6. Prosecution may take place only upon the demand or with the authorisation of the injured party, if the punishable offence arising out of the contents of the printed matter is one where action may only be taken by the private individual or with his authority.

Article 31.

1. No responsibility can be incurred in the publication of true and faithful reports of the proceedings in public session of the National Assembly, the Federal Council, the Federal Assembly, of a Provisional Diet, or of a Committee of any of these bodies.

Article 32.

1. A punishable offence arising out of the contents of printed matter may not give rise to prosecution if six months have elapsed since the circulation of the printed matter within Austria, provided that no prosecution has been instituted or that, if proceedings have been instituted, they have been allowed to lapse for a corresponding period.

2. Liability to prosecution is not affected, however, in so far and for such time as proceedings cannot be opened or pursued on legal grounds.

SECTION V.-Criminal Procedure.

Article 33.

1. Criminal procedure in cases arising out of infringements of the present law falls within the competency of the District Courts, unless otherwise provided.

Article 34.

1. The provisions of the ordinary criminal procedure shall be applied, with the the modifications contained in the following

Articles.

Article 35.

1. Criminal procedure in connection with ail offences committed within the area of jurisdiction of a Court of First Instance, and assigned to the Courts, shall be assigned to that District Court in whose area the official buildings of the Court of First Instance are situated. Another District Court may, by special order, be designated for this purpose.

Article 36.

1. In all cases of offences committed through the publication of printed matter, the place of publication shall be considered as the

place of commission of the offence. If this place is unknown, or is situated abroad, the place where the printed matter was circulated is to be considered as the place of commission of the offence. If neither of these definitions is applicable, then the place of printing shall be considered as the place of commission of the offence.

Article 37.

1. Printed matter may be provisionally confiscated by a public prosecutor, or, where there is no public prosecutor, by the police authorities

(1.) Where there has been an infringement of any of the provisions contained in Articles 15, 16 and 20.

(2.) Where the publication of the printed matter constitutes an offence under Articles 7, 8 or 9 of the Law of the 17th December, 1862, R.G. Bl. No. 8 of 1863, or an offence under Article 516 of the Federal Law, or if it incites or instigates the commission of a crime, or if it seeks to incite and there is grave danger that the circulation of the printed matter might directly result in the commission of a crime. A confiscation order shall be accompanied by a statement indicating the incriminating passage and the criminal offence upon which confiscation is based.

2. Provisional confiscation is subject to the confirmation of the Court. The district judge in the case of paragraph (1) of Article 1, and the examining magistrate in the case of paragraph (2), is the competent authority.

3. If confiscation is not confirmed within five days after it takes effect, it ceases to be valid.

4. A confiscation order, confirmed by the Court, lapses if within eight days from the date of such confirmation, the public prosecutor has not instituted criminal proceedings or independent proceedings for an order of forfeiture.

5. In all other cases the confiscation remains operative until the proceedings instituted have resulted in a judicial decision.

Article 38.

When on the application of the party bringing the charge (whether it be the public prosecutor or a private plaintiff) the Court orders the confiscation of printed matter on account of contents constituting a punishable offence, or confirms such confiscation in accordance with Article 37, paragraph (2), it shall designate the offending contents and shall specify the offence which has been committed.

Article 39.

1. As long as the confiscation order remains in force, further circulation of the printed matter or further publication of the offending contents is prohibited.

2. A person who intentionally infringes this regulation shall be fined 2,000 to 20,000 crowns.

Article 40.

1. Should the confiscation cease to be operative in accordance with Article 37, paragraphs (3) or (4), or should it be judicially decided that no punishable offence has been committed, the losses. sustained by the person who suffered through the confiscation shall be a charge upon the Federal State, or, if the confiscation has been ordered at the instigation of a private person, then upon such

person.

2. The claim for any loss must be lodged within fourteen days from the date on which the confiscation order has either lapsed or become invalid, with the Court in which the criminal proceedings were instituted, or should have been instituted.

3. The Court pronounces judgment in open session, to which the person injured and the plaintiff shall be summoned. An appeal against the decision may be lodged within three days. According as the decision was pronounced by a District Court or a Court of First Instance, such appeal shall be referred to a Court of First Instance or of Second Instance. In this case, also, the decision is pronounced in open session.

4. The decisions of the Court are arrived at by three Judges.

Article 41.

1. If a judgment has been pronounced, based on an infringement of Articles 15, 16, or 20 of the present law, or based on a punishable offence arising out of the contents of printed matter, the Court shall at the instigation of the plaintiff include in its judgment an order for the suppression of the said printed matter. Forfeiture only extends to that portion of the printed matter which was circulated. In the case of punishable offences arising out of the contents of printed matter, forfeiture may, at the request of an interested party, be limited to that part of the printed matter, the contents of which constitute a punishable offence. The cost of separating such part shall be borne by the interested party.

2. When judgment is pronounced in the case of an offence under Article 516 of the Federal Law the Court shall also order the destruction of the plates and formes required for the manufacture of the printed matter.

3. At the proceedings in chief, where practicable, the editor, in the case of newspapers, and the publisher in the case of other printed matter, shall be summoned. In so far as forfeiture or the destruction of plates and formes are concerned they are entitled, in the proceedings in chief and in the proceedings which follow, to the rights of the accused. But their failure to appear does not prejudice the proceedings or the pronouncement of judgment. Moreover, they shall not be entitled to protest against a judgment pronounced in default. The period during which notification of appeal may be lodged dates from the pronouncement of judgment, even if the party affected was not present at this pronouncement.

Article 42.

1. In cases where the publication of printed matter constitutes a punishable offence, and the prosecution of the offender is impracticable or his condemnation is not possible owing to reasons which preclude punishment, the Judge may, in independent proceedings and at the demand of the plaintiff, order confiscation. and the destruction of plates and formes. The competent authority in the case of an infringement shall be the District Court; in the case of a crime or offence arising out of the contents of printed matter, the Court of First Instance, constituted as an Assessors' Court.

2. The decision of the Court is pronounced after oral proceedings. The provisions of the rules of criminal procedure and of Article 41, paragraph (3), of the present law, regarding the proceedings in chief, the judgment pronounced therein, and appeal against the latter, shall be respectively applied. Should an order for forfeiture or for the destruction of plates and formes be pronounced, then the cost of the proceedings must be met by the editor or publisher.

3. If the proceedings in chief disclose grounds for the institution of independent proceedings, then a decision with regard to the application for forfeiture or for the destruction of plates and formes may either be incorporated in the acquittal, or, where no judgment is pronounced on the principal issue, it may be incorporated in a special pronouncement.

4. Should a punishable offence, arising out of the contents of printed matter, be referred to a jury, and should the jury return a verdict of not guilty, the Court shall decide the question of forfeiture, in consultation with the jury. Before a decision is pronounced as to whether a specific punishable offence has been committed, the parties shall be given a hearing. The voting and the pronouncement of judgment take place in accordance with the regulations of trial by jury.

Article 43.

1. Upon the application of the plaintiff, the Court, in pronouncing judgment on a punishable offence arising out of the contents of a newspaper, shall order publication of the judgment in that newspaper. The provisions of Article 24, paragraph (6), shall be applied accordingly. Publication shall take place in accordance with the provisions set forth in Article 23 in either the first or the second edition of the newspaper published as from the date when the judgment takes effect.

2. If the circumstances of the case justify such a course, the Court, upon the application of the plaintiff, shall be empowered to order the party against whom judgment has been pronounced to effect further publication; and the Court shall determine the time and nature of such further publication. In like manner, the Court shall have power to order publication of the judgment pro nounced, if the punishable offence has been committed through the