Crime Article 310 Criminal Code

Almost as old as money is also a crime associated with it, or forgery. The seriousness of the crime is also seen by the Polish legislator. It should be mentioned that, among crimes against the trading of money and securities, these are certain under Article 310 Criminal Code[1] is a crime, while the crimes referred to in the other regulations are offences.

This provision is as follows in the current state of the law.

section 1. Whoever counterfeits either Polish or foreign money, Polish or foreign trade mark which has been established as a legal tender, but has not yet been put into circulation, another payment measure or document authorising the receipt of a sum of money, or containing an obligation to pay capital, interest, interest or a statement of participation in a company or of money, another payment measure or such document, has been subject to imprisonment for years 5 to 25.

section 2. Who is the money, other means of payment or the money mark or the document specified Under section 1 release it or receive it for this purpose, store, transport, transfer, send or help to dispose of it or hide, shall be subject to imprisonment from year to year 10.

section 3. In a minor case, the court may apply an exceptional relaxation of the penalty.

section 4. Who makes preparations for a certain crime Under section 1 and 2, is sentenced to imprisonment from 3 months to years 5.

Crime

A crime of counterfeiting money, other means of payment and securities is a common crime. This means that it can be committed by any person who is able to bear criminal liability. It does not matter whether "the perpetrator was under a specific legal obligation to prevent (prevent) falsification of these assets or not"[2]. With criminal liability for this crime, it does not matter whether specific qualifications are necessary to counterfeit or counterfeit money.

Subject-matter of the offence

The subject-matter of the crime is mental phenomena that accompany the perpetrator in a specific act. They express the mental attitude of the perpetrator to the act. Therefore, in addition to the behaviour of the perpetrator, the mental attitude of the perpetrator to a particular act should also be taken into account, and this one may rely on intent or involuntaryness.

By Article 9(1) We are dealing with a criminal code with intentional guilt if the perpetrator intends to commit a criminal offence. In this case, the intention may occur in two types, i.e. either as a direct intention or as a possible intention.

We have a direct intention when the perpetrator wants to commit the crime. "Determining the will of the perpetrator as wanting a certain prohibited act, we assume that it covers with its consciousness all the marks of the act"[3]. The direct intention is distinguished by the immediate intention and the direct intention considered.

In the event of a direct sudden intent, the perpetrator shall decide to commit the crime in a short time. On the other hand, a thought - out intent takes place when the perpetrator long considers making a decision, preparing a plan to commit a prohibited act.

A direct intention does not include a general intention, the characteristic of which is that the perpetrator does not specify the effect he wishes to have.

He's still distinguished. one the form of guilt, i.e. the intention as though – possible. It means that the perpetrator “in uncertain terms one of the marks of the prohibited act ‘wants’ to behave within the verb mark’[4].

Possible intent is when the perpetrator provides for the possibility of committing a prohibited act and agrees to it. It is different from direct intent that the perpetrator is not sure that the act will fill the mark of the crime. In this case, the perpetrator does not want to commit a prohibited act, but he simply accepts that he can commit it.

By Article 9(2) A criminal code is prohibited if the offender commits a criminal offence without intent to commit a criminal offence as a result of a breach of the caution required under the circumstances, even though the possibility of committing that act was or could have been predicted. Involuntary guilt can be either reckless or reckless.

We are dealing with recklessness when the perpetrator deliberately violates the precautionary principle, in addition to providing for the possibility of committing a criminal offence, But at the same time, he hopes to avoid it. Therefore, recklessness differs from the intention of possibly believing that a given action will fail to fulfil the prohibited act. In turn, negligence is a situation where the offender does not foresee the possibility of committing a forbidden act, even though he can foresee it.

All actions specified under Article 310 Criminal Codes are intentional crimes. Therefore, the perpetrator must want to commit them or anticipate the possibility of committing them – to accept it. Direct intent only occurs under Article 310(1) Criminal Code.

It should be noted that this provision does not matter what the purpose of counterfeit money, other means of payment or securities is.

In the case of a specific offence under Article 310(2) The penal code, it is necessary to determine whether the perpetrator, taking counterfeit money, other means of payment or securities, is aware that they are false and accepts them precisely in order to circulate.

Page of the crime.

The party to the offence shall consist of:

• act of the entity, i.e. its behaviour,
• the effect of action,
• time and place of action,
• the situation in which the action was committed,
• the method of committing and the subject matter of execution of the act[5].

The most important element of any crime is the behaviour of the perpetrator.

In the crime of Article 310(1) Criminal Code three criminal behaviour, i.e. Forging, reworking and removing signs of redemption.

Counterfeiting is “the creation of a new subject having the appearance of genuine money, other means of payment or document in question Under section 1”[6]. Depending on the method of forging, such a falsified object may have a different degree of quality, i.e. from illusionally similar to the original to inept forgery. Therefore, it is possible to attempt unsuccessfully in the case of counterfeiting, i.e. when such forgery is apparent on first A glance.

The conversion is a change in the appearance of an authentic object, e.g. a banknote in such a way that it has a higher denomination. ‘Delete the signs of redemption by removing such signs from the document or making it invisible’[7].

Under Article 310(2) listed seven criminal behaviour, i.e. circulation, reception, storage, transport, transfer, transfer and disposal or cover.

Letting go is the introduction of a counterfeit, processed item or such with a deleted sign of redemption. The most common characters of letting go are the payment of counterfeit money, or the change of money, and simply a donation.

In contrast, storing is the behavior of power over a falsified object for a time. It should be noted that the Act does not introduce even a general time of such storage, even the lower limit from which storage can already be mentioned.

To specify what it means to sell or hide a counterfeit, processed item or such with a deleted sign of redemption, it proves helpful Article 18(3) Criminal Code. Such assistance may be considered, in particular, to provide the tool or means of transport needed to commit a crime, to provide advice or information, and to facilitate another person to commit the offence by omission.

Author: Michał Zdanowski

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