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This entry was published on 2014-09-22
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Criminal prosecution
General Business (GBS) CHAPTER 20, ARTICLE 22
§ 347. Criminal prosecution. The attorney general may prosecute every
person charged with the commission of a criminal offense in violation of
the laws of this state, applicable to or in respect of the practices or
transactions referred to in this article. In any such prosecution by the
attorney general or a district attorney hereunder, the provisions of
section three hundred ninety-nine, of the code of criminal procedure
shall not be applicable. In all such proceedings, the attorney general
may appear in person or by his deputy before any court of record or any
grand jury and exercise all the powers and perform all the duties in
respect of such actions or proceedings which the district attorney would
otherwise be authorized or required to exercise or perform; or the
attorney general may in his discretion transmit evidence, proof and
information as to such offense to the district attorney of the county or
counties in which the alleged violation has occurred, and every district
attorney to whom such evidence, proof and information is so transmitted
shall forthwith proceed to prosecute any corporation, company,
association, or officer, manager or agent thereof, or any firm or person
charged with such violation. A district attorney shall give reasonable
notice to the attorney general of intention to prosecute under this
article and the attorney general may appear in any criminal proceeding
brought under this article. In any such proceeding, wherein the attorney
general has appeared either in person or by deputy, the district
attorney shall only exercise such powers and perform such duties as are
required of him by the attorney general or the deputy attorney general
so appearing.