The first President of the Court of Appeal may be requested by a letter of loosing arrestment. It can
order
the offering for the equipment or the facilities
provisions of the hereby ordinance. Failing this, it orders their destruction.
The sale or the destruction is carried out under the control of the first
President of the Court of Appeal The revenue is transferred to the Treasury.
TITLE VIII: PENALTIES
Chapter I: Administrative and financial penalties
Article 117 : The ARTCI can, after an unfruitful injunction and hearing of the offender, inflict to him one
of the
following penalties:
- confiscation of the equipment of the offense,
- demolition of the equipment or installation subject of the offense at the expenses of the offender;
provisional or final restriction of license
individual permit, general license or declaration;
- restriction of the range and / or the duration of the license;
- temporary suspension of the license for a period which can not exceed one month;
- final withdrawal of the license with affixing of seal;
- prohibition to exercise for one year
Telecommunications / ICT sector as an operator, service provider or manager.
Article 118 : The ARTCI can compel financially the operators and service providers of the
Telecommunications / ICT
sector to carry out their obligations.
If the violation is not constitutive of a criminal offense, it is liable to the offender
penalty which amount is proportional to seriousness of the violation and the advantages which are
enjoyed, without being able to exceed 3% of the turnover net tax of the last fiscal year. This rate is
moved up to 5% in the event of new violation of the same obligation.
Article 119 : Whoever carries out activities without license, where is the penalty, which is applied to
him, is