Administrative Penalty Act Article 45

This Act is applicable to a punishable act in breach of a duty under administrative law committed but not punished before the coming into force of this Act and was punished after the coming into force of this Act, with the exception of the provisions set forth in Article 15, Article 16, paragraph 2 of Article 18, Article 20 and Article 22.The period the power to impose administrative penalty under the preceding paragraph exists shall commence as of the date on which this Act comes into force.The provisions set forth in paragraphs 3 to 5 of Article 26 of the Amendment promulgated on November 8 of 2011 is applicable to a punishable act simultaneously in breach of a duty under administrative law and constituting a criminal offense or offenses committed before the said Amendment came into force, but was not punished upon a final decision of non-prosecution; the same applies to cases under a pre-existing decision of administrative penalty which was annulled upon decisions out of an administrative appeal, administrative litigation or other remedial proceedings but punished after the coming into force of the said Amendment.Where one and single act constituted simultaneously a criminal offense or offenses as well as a breach of duty under administrative law before the coming into force of the Amendment of this Act on November 8 of 2011 which was under a decision of non-prosecution or deferred prosecution after the coming into force of the said Amendment, is not subject to the provisions set forth in paragraphs 2 to 5 of Article 26, paragraph 3 of Article 27 and paragraph 2 of Article 32 of the Amendment.