Section 111p Emergency sale

(1) An object which has been seized pursuant to section 111c or attached pursuant to section 111f may be sold if there is a danger of its deterioration or of its suffering a significant loss in value, or if its storage, maintenance or upkeep gives rise to significant costs or difficulties (emergency sale). The proceeds of sale take the place of the object sold.

(2) The emergency sale is ordered by the public prosecution office. Its investigators (section 152 of the Courts Constitution Act) have this authority if there is a danger of the object deteriorating before a decision can be obtained from the public prosecution office.

(3) The persons affected by the seizure or attachment are, as a rule, to be heard before the order is made. The order and the time and place of the sale are to be made known to them insofar as this appears feasible.

(4) The public prosecution office is responsible for conducting the emergency sale. The public prosecution office may delegate this task to its investigators (section 152 of the Courts Constitution Act). In all other respects, the provisions of the Code of Civil Procedure concerning the realisation of objects apply analogously to the emergency sale.

(5) The person concerned may apply to the court competent pursuant to section 162 for a decision against the emergency sale and its enforcement. The court, in exigent cases the presiding judge, may order the suspension of the sale.