2002-09-01
§ 332. Payment means, official stamps or markings of foreign states
The provisions of this Subchapter apply also to counterfeiting of money, bank cards and other payment means, securities, revenue stamps and state fineness marks used in foreign states.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]
§ 333. Counterfeiting of payment means or securities
(1) Counterfeiting of bank cards or other payments means, including electronic money or securities, with the intention of use, if it does not contain the necessary elements of an offence provided for in § 3331 of this Code, is punishable by a pecuniary punishment or up to three years’ imprisonment.
[RT I 2010, 11, 54 – entry into force 28.03.2010]
(2) The same act, if committed:
1) at least twice; or
2) on a large-scale basis; is punishable by one to six years’ imprisonment.
(3) An act provided for in subsection 1 or 2 of this section, if committed by a legal person, is punishable by a pecuniary punishment.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]
(4) [Repealed – RT I, 12.07.2014, 1 – entry into force 01.01.2015]
(5) For criminal offence provided for in subsection 2 of this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.
[RT I, 31.12.2016, 2 – entry into force 10.01.2017]
§ 3331 . Counterfeiting money
(1) Counterfeiting of money with the intention of use is punishable by a pecuniary punishment or up to eight years' imprisonment.
(2) An act provided for in subsection 1 of this section, if committed by a legal person, is punishable by a pecuniary punishment.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]
(3) This section applies regardless of whether:
1) the object of counterfeiting is the currency put into circulation or not yet in circulation, if this is intended for circulation and is a currency used as legal tender;
2) counterfeiting is committed by use of legal or illegal facilities but in violation of the rights or conditions under which competent authorities may issue.
[RT I, 20.05.2016, 1 – entry into force 30.05.2016]
(4) For the criminal offence provided for in this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.
[RT I, 31.12.2016, 2 – entry into force 10.01.2017]
§ 334. Handling of counterfeit payment means or securities
[RT I 2010, 11, 54 – entry into force 28.03.2010]
(1) Use, exchange, delivery, bringing counterfeit money into circulation in any other manner, acquisition, holding, import and export or handling thereof in any other manner with the aim of bringing it into circulation, and use of a counterfeit bank card or other payment means or security, is punishable by a pecuniary punishment or up to five years’ imprisonment.
[RT I 2010, 11, 54 – entry into force 28.03.2010]
(2) The same act, if committed:
1) at least twice; or
2) on a large-scale basis; is punishable by two to ten years’ imprisonment.
(3) An act provided for in subsection 1 or 2 of this section, if committed by a legal person, is punishable by a pecuniary punishment.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]
(4) [Repealed – RT I, 12.07.2014, 1 – entry into force 01.01.2015]
(5) This section applies in the case of counterfeit money regardless of whether:
1) the object of the act is the money put into circulations or not yet in circulation, if this is intended for circulation and is a currency used as a legal tender;
2) counterfeiting is committed by use of legal or illegal facilities but in violation of the rights or conditions under which competent authorities may issue.
[RT I, 20.05.2016, 1 – entry into force 30.05.2016]
(6) For the criminal offence provided for in this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.
[RT I, 31.12.2016, 2 – entry into force 10.01.2017]
§ 3341 . Failure to hand over counterfeit money
[RT I, 20.05.2016, 1 – entry into force 30.05.2016]
(1) Failure to hand counterfeit currency over to the Police and Border Guard Board by managers or employees of credit institutions, or branches of foreign financial institutions entered in the commercial register in Estonia, and financial institutions specified in the Money Laundering and Terrorist Financing Prevention Act, or other institutions involved in handling of currency is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 6400 euros.
[RT I, 20.05.2016, 1 – entry into force 30.05.2016]
§ 3342 . Handling of medals and tokens similar to euro coins
[RT I, 20.05.2016, 1 – entry into force 30.05.2016]
(1) Manufacture of medals or tokens with similar visual characteristics, approximate size or similar metallic characteristics as the euro coins described in Council Regulation (EC) No 2182/2004 concerning medals and tokens similar to euro coins (OJ L 373, 21.12.2004, pp 1-6) for commercial purposes or the sale, import or distribution of such medals or tokens is punishable by a fine of up to three hundred fine units.
[RT I, 20.05.2016, 1 – entry into force 30.05.2016]
(2) The same act, if committed by a legal person, is punishable by a fine of up to 20,000 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(3) The Police and Border Guard Administration or court shall confiscate an object which was the direct object of the commission of an offence provided for in this section.
[RT I, 31.12.2016, 2 – entry into force 10.01.2017]
§ 3343 . Failure to check euro banknotes and euro coins for authenticity and fitness
(1) Failure to check euro banknotes and euro coins for authenticity and fitness by managers or employees of credit institutions, or branches of foreign financial institutions entered in the commercial register in Estonia, and financial institutions specified in the Money Laundering and Terrorist Financing Prevention Act, or other institutions involved in handling of currency is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 6400 euros.
[RT I, 20.05.2016, 1 – entry into force 30.05.2016]
§ 335. Counterfeiting of revenue stamps
(1) Counterfeiting, with the intention of use, an excise stamp, mark, sticker, clip-mark, overprint or special marking, except for a postal payment means or the impression thereof provided for in § 338 of this Code, which is attached to an object of tax or the packaging thereof as proof of payment of the tax, is punishable by a pecuniary punishment or up to three years’ imprisonment.
(2) The same act, if committed:
1) at least twice; or
2) on a large-scale basis;
is punishable by two to ten years’ imprisonment.
(3) An act provided for in subsection 1 or 2 of this section, if committed by a legal person, is punishable by a pecuniary punishment.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]
(4) [Repealed – RT I, 12.07.2014, 1 – entry into force 01.01.2015]
§ 336. Use and bringing into circulation of counterfeit revenue stamps
(1) Use, transfer, or bringing into circulation in any other manner of counterfeit revenue stamps is punishable by a fine of up to 300 fine units or by detention.
(2) The same act, if committed to a significant extent, is punishable by a pecuniary punishment or up to three years’ imprisonment.
(3) An act provided for in subsection 1 of this section, if committed by a legal person, is punishable by a fine of up to 5000 euros.
(4) An act provided for in subsection 2 of this section, if committed by a legal person, is punishable by a pecuniary punishment.
(5) Attempted misdemeanours provided for in subsections 1 and 3 of this section are punishable.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]
§ 337. Counterfeiting of postal payment means or impressions thereof
(1) Counterfeiting, with the intention of use, a postage stamp, including postage stamps removed from circulation or not in use, an international reply coupon, franking machine impression or a franking impression made by a printing press, is punishable by a fine of up to 200 fine units or by detention.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 2,000 euros.
(3) Attempted misdemeanours provided for in this section are punishable.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]
§ 338. Bringing into circulation counterfeit postal payment means or impressions thereof
(1) Use, exchange, transfer or bringing into circulation in any other manner of counterfeit postage stamps, including counterfeit postage stamps removed from circulation or not in use, a counterfeit international reply coupon, counterfeit franking machine impression or counterfeit franking impression made by a printing press is punishable by a fine of up to 300 fine units or by detention.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
(3) Attempted misdemeanours provided for in this section are punishable.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]
§ 339. Counterfeiting of fineness marks and use of counterfeit fineness marks
(1) Counterfeiting of state fineness marks or use thereof on a material not corresponding to the mark with the intention of bringing such products into circulation is punishable by a fine of up to 300 fine units or by detention.
(2) The same act, if committed to a significant extent, is punishable by a pecuniary punishment or up to three years’ imprisonment.
(3) An act provided for in subsection 1 of this section, if committed by a legal person, is punishable by a fine of up to 3200 euros.
(4) An act provided for in subsection 2 of this section, if committed by a legal person, is punishable by a pecuniary punishment.
(5) Attempted misdemeanours provided for in subsections 1 and 3 of this section are punishable.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]
§ 340. Preparation for counterfeiting of money, bank cards, other payment means, securities, revenue stamps or state fineness marks
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]
(1) Preparation for counterfeiting of currency, bank cards or other payment means, securities, revenue stamps or fineness marks, including acquisition, manufacture, adaptation, storage or transfer of devices, computer programs, data or other equipment necessary for counterfeiting, and holograms or other anti-counterfeiting security features is punishable by a pecuniary punishment or up to two years' imprisonment.
[RT I, 20.05.2016, 1 – entry into force 30.05.2016]
(2) An act provided for in subsection 1 of this section, if committed by a legal person, is punishable by a pecuniary punishment.
(3) This section applies regardless of whether the object of counterfeiting being prepared for is the money put into circulations or not yet in circulation, if this is intended for circulation and is a currency used as a legal tender.
[RT I 2010, 11, 54 – entry into force 28.03.2010]
§ 341. Counterfeiting of honorary decorations
(1) Counterfeiting honorary decorations of the Republic of Estonia with the intention of using the decorations is punishable by a pecuniary punishment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
[RT I, 23.12.2014, 14 – entry into force 01.01.2015]
§ 342. Counterfeiting of transport tickets or cards
(1) Counterfeiting a transport ticket or card, or use or sale of counterfeit transport tickets or cards, is punishable by a fine of up to 300 fine units or by detention.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]
§ 343. Application of confiscation
A court may, pursuant to the provisions of § 83 of this Code, apply confiscation of an object which was the direct object of the commission of an offence provided for in this Subchapter.
