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ARTICLE 95 Police detectives and criminal investigation officers shall be required, at
the time of the first requisitioning, to assist in the recording of copyright infringements.
They shall act ex officio or at the request of the author or his successors in title or at the
request of the collective management organization or on the basis of a judicial decision,
and shall carry out the infringement seizure of all illegal copies and of objects used in the
commission of the infringement in violation of the present Law and subsequent
instruments.
Through appropriate channels, the police detective or criminal investigation officer
required to do so shall inform the Public Prosecutor within twenty-four (24) hours of the
end of the operation.
Where the seizure is deemed unfounded on the basis of a judicial decision, only the
person who requested the operation shall be held liable.
ARTICLE 96 The official report on the operation, together with all items necessary for
an understanding thereof and the objects seized, shall be transmitted to the Public
Prosecutor by the police detective or criminal investigation officer who carried out the
seizure within five working days thereof, on request as referred to in Article 95 of the
present Law.
ARTICLE 97 Where the desired effect of the seizure referred to in Article 90 of the
present Law is to delay or suspend public performances that are in progress or have
already been announced, special authorization must be obtained from the President of the
court of first instance by an order issued on request. The President of the court of first
instance may also, in the same manner, order:
- the suspension of any manufacturing or public performance in progress or
announced that constitutes an infringement or an act preparatory to infringement;
- the seizure, even outside the times specified in the Code of Civil Procedure, of
copies constituting an unlawful reproduction of a work that has been or is being
made, of the revenue obtained, and of equipment used for that purpose;
- the seizure of the revenue from any reproduction, performance or broadcast, by
any means whatsoever, of a work of the mind, effected in infringement of
copyright as set out in the present Law.
In the orders referred to above, the President of the court may order the distrainer to
deposit an appropriate sum first.
The provisions of the present Article shall also apply in the event of improper
exploitation of folklore or of the right of performance of a work that has fallen into the
public domain.
ARTICLE 98 Within 30 days of the date of the seizure report referred to in Article 90 of
the present Law or of the date of the order referred to in Article 97 of the present Law,