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Chapter VIII Procedure of Sanction
Article 33
When performing his duty, an officer of the administrative agency shall show the actor an evidentiary document in relation to the performance of his duty or display a symbol for adequate identification, and shall inform the actor of the law or regulation which the actor has violated.
Article 34
The administrative agency may take the following actions against the person who is in the very act of breaching a duty under administrative law:
1. To stop the act immediately;
2. To prepare a written record of the act;
3. To take actions for the purpose of preserving the evidence, and, in the case of any act of resistance preventing the preservation of evidence, to take compulsory measures to eliminate such resistance in a state of urgency; and
4. To establish the identity of the actor. If it is actually impossible to make out the identity of the actor because of his refusal to accept or evasion of checking on his identity despite the making of efforts of persuasion and the state is urgent, he may be ordered to follow the officer to a specified place to have his identity checked. If he refuses to follow the officer to such place to have his identity checked, he may be compelled to do so by the officer in the company of police officers.
The compulsory measures taken under the preceding paragraph shall not exceed the degree necessary for the purpose of preserving the evidence or checking on the actor's identity.
Article 35
If the actor is dissatisfied with the actions taken by the administrative agency under the preceding article to exercise compulsory elimination of resistance to preservation of evidence or to compel the actor to go to the specified place to accept checking on his identity, he is entitled to raise an objection instantly with the officer on duty of the administrative agency by stating his reasons therefor.
If the officer of the administrative agency performing the duty considers that the objection raised under the preceding paragraph is justifiable, he shall cease or change the action of compulsory elimination of resistance to preservation of evidence or of compelling the actor to go to the specified place to accept checking on his identity; if he considers such objection groundless, he may continue to act so. At the request of the actor, he shall prepare a record of the essence of the objection and deliver the same to the actor.
Article 36
A thing that may be forfeited or may serve as an evidence may be seized.
The seizure of a thing that may serve as an evidence under the preceding paragraph may be executed only to such an extent and for such a period as may be necessary for examination, inspection, verification or other purposes in connection with the preservation of evidence.
Article 37
The owner, holder or custodian of a thing that is subject to seizure may be demanded to surrender or deliver the thing; if he refuses to do so or resists the seizure, the seizure may be effected by compulsion.
Article 38
The seizure shall be entered into a record, which shall contain details of the time and place of the seizure, the thing seized and other essential information, and shall be affixed with the signature, personal seal or finger print of the person present at the place of seizure; if such person refuses to affix on the record his signature, personal seal or finger print, it shall be so noted.
A receipt shall be prepared, listing therein details of the thing seized, and shall be delivered to the owner, holder or custodian of the thing seized who may be present or have made a request therefor.
Article 39
The thing seized shall be sealed up or otherwise marked and shall be taken care of in a proper manner; if the thing seized cannot be conveniently transported or easily preserved, it may be consigned to the care of a guard or kept in custody by the owner or any other suitable person; if the thing forfeited is apt to be damaged or cannot be easily preserved, it may be put up for outright sale or sale by auction and the proceeds therefrom retained.
If the thing seized is dangerous, it may be destroyed.
Article 40
If there is no need to retain the thing seized whilst the case is pending conclusion or if no penalty is imposed or no forfeiture is ordered with respect to the case, the thing shall be returned; if the thing seized has been sold outright or by auction, with the proceeds therefrom retained, or if the thing has been destroyed, in pursuance of the preceding article, such proceeds or the price thereof, as the case may be, shall be paid as a substitute for the thing; except where the thing ought to be forfeited or must be retained for the purpose of investigation in another case.
If the whereabouts of the person to whom the thing seized should be returned are unknown or it is impossible to return the thing because of the occurrence of any other event, a notice shall be published; in the absence of a claim for returning the thing seized within a period of six months from the date of publication of such notice, the thing shall belong to the State Treasury.
Article 41
If the owner, holder or possessor of or a person interested in the thing is dissatisfied with the seizure, he may raise his objection with the agency executing the seizure.
If the agency executing the seizure considers the objection under the preceding paragraph justifiable, it shall return the thing seized or change the action of seizure; if it considers the objection groundless, it shall give its recommendation and present the case to its direct superior agency for a decision.
In the case of dissatisfaction with the decision made by the superior agency, a statement to this effect may be made only with the filing of a statement of dissatisfaction, if any, with the substantive decision rendering the sanction; provided, however, that a person under the first paragraph hereof may institute an administrative proceeding based solely on the cause specified therein if he is not legally allowed to file a statement of dissatisfaction with the substantive decision rendering the sanction.
The objection under the first paragraph hereof and the proceeding instituted under the proviso to the preceding paragraph shall not affect the execution of seizure or the sanction procedure.
Article 42
Before rendering a sanction, the administrative agency shall allow the person to be punished an opportunity to present his views, except for any of the following circumstances:
1. Where the person to be punished has been offered the opportunity to present his views by a notification given in pursuance of article 39 of the Administrative Procedure Act;
2. Where a hearing has been held ex officio or pursuant to article 43 hereof;
3. Where the sanction is one of the same type made en masse;
4. Where the situation is so pressing that offering of an opportunity to present his views will obviously be against the public interest;
5. Where limitation of the statutory period would make it obviously impossible for him to act accordingly even if an opportunity to present his views were given;
6. Where the facts based on which the sanction is imposed are objectively clear enough to be firmly established; or
7. Where it is otherwise prescribed by law.
Article 43
Before taking any of the actions specified in article 2, subparagraphs 1 and 2, hereof, the administrative agency shall hold a hearing upon application of the person to be punished, except for any of the following circumstances:
1. Any of the circumstances specified under the exception clause to the preceding article;
2. Where the degree and extent to which freedom or right is constrained are obviously minor; or
3. Where the person to be punished has failed to present his views within the specified period despite a notification given in pursuance of article 104 of the Administrative Procedure Act.
Article 44
In imposing an administrative penalty, the administrative agency shall prepare a written sanction and cause the same to be served.