Public proceedings for the application of the penalties provided for in the preceding article may only be brought by the Public Prosecutor’s Office on a complaint from the injured party.
The criminal court hearing the case may only rule after the civil court has established the reality of the offence by a decision that has become res judicata. Objections raised by the defendant to the nullity of the plant variety certificate or questions relating to the ownership of the said certificate may only be raised before the civil court.