Base de données sur la législation

Contrefaçon
  • Infractions

    • • Faux-monnayage
  • Mots-clefs

    • • Faux-monnayage
 Title 23
 Article 258-262
 

Texte original

Counterfeiting Money

Article 258

(1) Whoever produces fake currency with the intention to release it into circulation as genuine or who alters genuine currency with the same intention shall be punished by a prison sentence for a term from two to twelve years.

(2) Whoever obtains, possesses, transmits, brings in or takes out fake currency with the intention to release it into circulation as genuine or who releases fake currency into circulation shall be punished by a prison sentence for a term from two to ten years.

(3) Where the offence set forth in paragraphs 1 and 2 of this Article resulted in producing, altering, releasing into circulation or obtaining fake currency in the amount exceeding fifteen thousand euro or an equivalent amount in a foreign currency, the perpetrator shall be punished by a prison sentence for a term from five to fifteen years.

(4) Whoever receives fake currency as genuine and who, after learning it to be fake, releases it into circulation or who knows fake currency was produced, or that fake currency was released into circulation and fails to report it shall be punished by a fine or a prison sentence for a term not exceeding one year.

(5) Fake currency shall be confiscated.

(6) Fake currency, within the meaning of this criminal offence, shall also be understood to mean currency produced in the same manner and of the same material as genuine currency, in contravention to regulations governing production of currency.

 

Counterfeiting Securities

Article 259

(1) Whoever produces fake securities or alters genuine securities with the intention to use them as genuine or give them to another for his use, or who uses such fake securities as genuine ones, or obtains them with that intention, shall be punished by a prison sentence for a term from one to five years.

(2) Where the aggregate value of counterfeit securities set out in paragraph 1 of this Article exceeds three thousand euro, the perpetrator shall be punished by a prison sentence for a term from one to eight years.

(3) Where the aggregate value of counterfeit securities set out in paragraph 1 of this Article exceeds thirty thousand euro, the perpetrator shall be punished by a prison sentence for a term from two to ten years.

(4) Whoever receives fake securities as genuine and releases them into circulation after learning they are fake, shall be punished by a fine or a prison sentence for a term not exceeding one year.

(5) Fake securities shall be confiscated.

 

Counterfeiting and Misuse of Credit and Debit Cards

Article 260

(1) Whoever produces a fake payment card or who alters a genuine payment card with the intention to use it as genuine, or who procures, transfers to another for his use or uses such a fake payment card or another person's genuine payment card obtained without authorisation, shall be punished by a prison sentence for a term not exceeding three years.

(2) Where the perpetrator of the offence set forth in paragraph 1 of this Article obtained unlawful material benefit by using the card, he shall be punished by a prison sentence for a term from six months to five years.

(3) Where the perpetrator of the offence set forth in paragraph 1 of this Article obtained unlawful material benefit exceeding three thousand euro, he shall be punished by a prison sentence for a term from one to eight years.

(4) Where the perpetrator of the offence set forth in paragraph 1 of this Article obtained unlawful material benefit exceeding thirty thousand euro, he shall be punished by a prison sentence for a term from two to ten years.

 

Counterfeiting Tokens of Value

Article 261

(1) Whoever produces fake tokens of value or alters genuine tokens of value with the intention to use them as genuine or give them to another for his use, or who uses such fake tokens of value as genuine ones, or obtains them with that intention, shall be punished by a prison sentence for a term not exceeding three years.

(2) Where the total value of tokens set out in paragraph 1 of this Article exceeds thirty thousand euro, the perpetrator shall be punished by a prison sentence for a term from six months to five years.

(3) Where the total value of tokens set out in paragraph 1 of this Article exceeds thirty thousand euro, the perpetrator shall be punished by a prison sentence for a term from one to eight years.

(4) Whoever removes the mark by which tokens of value are invalidated or who otherwise tries to give these tokens the appearance of unused tokens in view of their re-use, or who re-uses already used tokens or sells them as if they were valid shall be punished by a fine or a prison sentence for a term not exceeding one year.

(5) Fake tokens of value shall be confiscated.

 

Manufacturing, Procuring and Supplying Others with Counterfeiting Instruments and Materials

Article 262

(1) Whoever manufactures, procures, sells, keeps for his use or supplies another person for his use the instruments and material for producing counterfeit currency, payment cards, or fake tokens of value shall be punished by a prison sentence for a term from six months to five years.

(2) The penalty set out in paragraph 1 of this Article shall also be imposed on whomever, in view of producing fake currency, produces, procures, sells, keeps, or supplies another person with holograms or other security features to protect against counterfeiting.

(3) Whoever manufactures, procures, keeps for his use or supplies another person for his use the instruments for producing fake tokens of value shall be punished by a fine or a prison sentence for a term not exceeding two years.

(4) The instruments set out in paragraphs 1 to 3 of this Article shall be confiscated.

 
 
 

Pièces jointes/annexes

Commentaire

Please not this is an unofficial translation of the Criminal Code.