FROM THE COUNTERFEITING, WITH A EUROPEAN UNION LOOKING OUT Cover Image

FROM THE COUNTERFEITING, WITH A EUROPEAN UNION LOOKING OUT
FROM THE COUNTERFEITING, WITH A EUROPEAN UNION LOOKING OUT

Author(s): Tamás, Károly GORICSÁN
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: paper money; crime of subservience; criminal procedure

Summary/Abstract: The Hungarian regulations of the counterfeiting – in the reflection of above mentioned - meet the European standard fully. The conception is absolutely correct, which - from the 1st March 2003 – differentiates the money and the other cash substitute instruments, and in the case of any crimes with the latters the CC has sanctions in an independent state of affairs. As a criminal definition, the “paper money” expression is unnecessary in the Criminal Code and it would be efficient to ignore it and use the expression “bill” in the interpretative provisions. The associated conclusion of fact, specifically the crime of subservience of the counterfeiting may seem to be unnecessary, if the preparation has already been ordered to be punished by the legislator. According to this we cannot forget that circumstance, when during the criminal procedure the conditions are suitable for counterfeiting but the intention of counterfeiting cannot be proved, then this behaviour’s simple realizations must be punished because of the increased danger which this act means to the society. Not only in the case of counterfeiting, but against any other economic-related crimes it would be a more efficient deterrent, if the Criminal Code would not specify the ceiling of the amount of the supplementary money penalty or would specify it in a much higher level. In the case of counterfeiting the procedure stops at the investigation stage, because the counterfeiter can be found really rarely. According to this view, to increase the efficiency of the criminal procedures and the secret information collection activities it is an important task to train those employees who deal with the crime of counterfeiting, the colleagues must get up-to-date information about the security attributes of the bills and coins and their task is to learn the newest techniques of the identification of the counterfeit money and the newest counterfeiting methods.The opportunities of the secret information collection must be used more efficiently and actively. With wider range of methods, tactical recommendations and their practical introduction the usage of operative forces, tools and methods could be increased. Furthermore the Europol’s subsidies and technical help according to the Euro-counterfeiting should be encouraged to be used in Hungary.

  • Issue Year: 2010
  • Issue No: 2
  • Page Range: 33-47
  • Page Count: 15
  • Language: English
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