Counterfeit Money
LexInter | January 31, 2002 | 0 Comments

Counterfeit Money

PENAL CODE (Legislative Part)
CHAPTER II: Counterfeit money
Article 442-1
Counterfeiting or falsification of coins or banknotes which are legal tender in France or issued by foreign or international institutions authorized for this purpose is punishable by thirty years of criminal imprisonment and a 3,000,000 F fine.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in this article.
Article 442-2
The transport, the putting into circulation or the detention with a view to putting into circulation the counterfeit or falsified monetary signs referred to in article 442-1 is punished by ten years’ imprisonment and a fine of 1,000,000 F.
When they are committed in an organized gang, the same acts are punished by thirty years of criminal imprisonment and a 3,000,000 F fine.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for in the second paragraph of this article.
Article 442-3
Counterfeiting or falsification of French or foreign coins or banknotes no longer being legal tender or no longer authorized is punished by five years’ imprisonment and a fine of 500,000 F.
Article 442-4
The putting into circulation of any unauthorized monetary sign intended to replace coins or banknotes which are legal tender in France is punished by five years’ imprisonment and a fine of 500,000 F.
Article 442-5
(Law n ° 2001-1168 of December 11, 2001 art. 17 Official Journal of December 12, 2001)

The manufacture, use or possession without authorization of materials, instruments, computer programs or any other element specially intended for the manufacture or protection against counterfeiting or falsification of banknotes or coins are punishable by two years imprisonment and a 30,000 Euro fine.

Article 442-6
The manufacture, sale, distribution of any objects, printed matter or forms which present with the monetary signs referred to in article 442-1 a resemblance in kind are punished by one year of imprisonment and a 100,000 F fine. to facilitate the acceptance of said objects, printed matter or formulas instead of imitated values.
Article 442-7
The fact, for the one who has received the counterfeit or falsified monetary signs referred to in article 442-1 by taking them as good, to put them back into circulation after having discovered the defects is punished with a fine of 50,000 F.
Article 442-8
The attempt of the offenses provided for by the first paragraph of article 442-2 and by articles 442-3 to 442-7 is punishable by the same penalties.
Article 442-9
Anyone who has attempted to commit one of the offenses provided for in this chapter will be exempt from penalty if, having notified the administrative or judicial authority, he has made it possible to prevent the offense from occurring and to identify the where applicable, the other culprits.
Article 442-10
The custodial sentence incurred by the perpetrator or the accomplice of the offenses provided for in articles 442-1 to 442-4 is reduced by half if, having notified the administrative or judicial authorities, he has made it possible to put an end to the acts complained of and identify, if applicable, the other culprits.
Article 442-11
The natural persons guilty of the crimes and misdemeanors provided for in articles 442-1 to 442-6 also incur the following penalties:
1 ° The prohibition of civic, civil and family rights according to the modalities provided for in article 131-26;
2 ° Prohibition from exercising a public function or an activity of a professional or social nature in accordance with the terms set out in article 131-27.
3 ° Prohibition of stay, in accordance with the terms set out in article 131-31.
Article 442-12
(Law n ° 93-1027 of August 24, 1993, art. 33 Official Journal of August 29, 1993)

(Law n ° 98-349 of May 11, 1998 art. 37 Official Journal of May 12, 1998)

The ban from French territory may be pronounced under the conditions provided for by article 131-30, either definitively or for a period of ten years at most, against any foreigner guilty of one of the offenses. defined in Articles 442-1 to 442-4. The provisions of the last seven paragraphs of article 131-10 do not apply.

Article 442-13
In all the cases provided for in this chapter, the confiscation of the thing which was used or was intended to commit the offense or of the thing which is the product thereof, with the exception of objects susceptible of restitution, may also be pronounced.
The confiscation of counterfeit or falsified coins and banknotes as well as materials and instruments intended to be used in their manufacture is compulsory.
Depending on whether the counterfeiting or falsification relates to coins or banknotes, counterfeit or falsified monetary signs are handed over to the administration of coins and medals or to the Banque de France, for the purposes of possible destruction. They are also given, for the same purposes, those of the confiscated materials and instruments that they designate.
The confiscation of objects, printed matter or forms referred to in article 442-6 is also compulsory. It entails handing over the confiscated thing to the administration of coins and medals or to the Banque de France, according to the distinction provided for in the preceding paragraph, for the purposes of possible destruction.
Article 442-14
Legal persons may be declared criminally responsible, under the conditions provided for in article 121-2, for the offenses defined in this chapter.
The penalties incurred by legal persons are:
1 ° The fine, in accordance with the terms set out in article 131-38;
2 ° The penalties mentioned in article 131-39;
3 ° Confiscation, in accordance with the procedures provided for in article 442-13.
The prohibition mentioned in 2 ° of article 131-39 relates to the activity in the exercise of which or on the occasion of the exercise of which the offense was committed.
Article 442-15
(inserted by Law n ° 2001-1168 of December 11, 2001 art. 17 Official Journal of December 12, 2001)

The provisions of articles 442-1, 442-2 and 442-5 to 442-14 are applicable when the banknotes and coins are involved which, although intended to be put into circulation, have not yet been issued by the institutions authorized for this purpose and are not yet legal tender.

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