The crime of counterfeiting in the law - articles - forgiveness Ali Aqidi

The crime of counterfeiting in the law - articles - forgiveness Ali Aqidi

– April 18, 2016

The crime of counterfeiting is one of the crimes against the public trust, and these crimes affect the financial reputation of the state and affect the national economy. The Iraqi Penal Code number ((111 of 1969 prepared by a criminal, and punishment for the perpetrators stressed. The reason for the criminalization of an act of counterfeiting due to the seriousness of this act, which is dangerous, says (Dr. Jamal al-Haidari, in his explanation of the provisions of the section of the Iraqi Penal Code) in several aspects, including: -

First: the crime of counterfeiting represents an assault on state sovereignty and the right to coin as they undermine confidence in the official currency, leading to lower its value.

Second: the widening circle of crime to include a larger group of individuals as it runs the risk of crime to include innocent people who fall into their own hands currency, forcing them to get rid of them by treating them.

III that this crime deprives the public authority of the benefit from the SEC and the issuance of currency.

IV crime lead to the erosion of trust at home and abroad in the national currency

And the Penal Code provides for this crime in articles (280-281) and the texts will convey this material first and then we explain it through the Statement of images realized by the crime of forgery. Article 280)) states the following (punished with imprisonment imitates or falsity of either himself or by other gold coin or silver in circulation by law or by custom in Iraq or in another state or issued counterfeit currency or counterfeit or, promoted or introduced by Iraq or another country or treated Hazha or intent to promote or dealing with it is at all so aware of his command)

The article ((281 stipulates (punishable by imprisonment for a term not less than ten years, all of the false or imitated either himself or through other securities or cash or a bank coin recognized papers securities law, Iraqi or foreign, with a view to promoting or issued these fake papers or counterfeit or introduced by Iraq or another country or treated or Hazha intent to promote or handled) by reading these articles is clear to us that the crime of counterfeiting realized seven images are as follows: -

First: - Tradition: know the tradition that (making coin-like circulation by whatever means) currency and a tradition of certain of which features the one hand he is on the notes and coins on both the currency and on the other hand, it means the establishment of a currency is incorrect did not exist before .

Second: - counterfeiting: - means (detracting anything from metal currency or paint coating makes it similar to another currency rather than value) and understood that the counterfeiting features that can only be on a coin correctly originally located the derogation or camouflage and gets detracting taking part of the metal by any means, using chilled or chemical The camouflage it is done by giving the currency a color they resemble more the value of coins and currency have it painted with a thin layer of the largest value of metal.

Third: - fraud: - intended to change the reality in the currency were correct and forgery achieved change in fees and engraved marks or numbers on the currency so that they appear greater than the correct value of the currency.

Fourth: - counterfeit currency or counterfeit to Iraq or removing him entry: - The unrealized crime if the offender enter fake or counterfeit currency into Iraq or to any other country or if the output of Iraq verb here standing at the process of currency entry to Iraq or removing him or to any other country.

Fifth: - Promotion: - intended to develop or counterfeit or fake or counterfeit currency put into circulation Vboutrh currency in circulation yen people is the crime was carried out even though the offender is put through charity and benevolence important thing is the vogue currency and handle it.

Sixth: - the acquisition with a view to promoting or dealing: - considered the legislator that the mere possession of counterfeit currency or counterfeit or forged enough to check the crime of forgery and then undergo winning the legal text and if the acquisition with a view to promoting or dealing in that currency.

Seventh: - Re-dealing in the currency of a hero to deal with: - Crime is also realized in the case of whether the actor to re-coin or banknotes champion handled the deal so that throw the currency in circulation and its transition into the hands of one individual.

These seven images if committed actor for one of them it will be punished by law for the crime of counterfeiting As punishment they are different depending on the images of the offense in tradition, forgery and counterfeiting The penalty is imprisonment in addition to the penalty dependency, a police surveillance and in addition to the precautionary measure, a confiscation of machines and tools used in crime .

The legislature decided to imprisonment for each of the catch in good coin or banknote counterfeit or forged or fraudulent intent, then treated after they knew what they are.

As well as the legislature decided a jail term of not less than ((10 years for each of the making or possesses counterfeit currency or intervention tools in counterfeiting.

The legislator has provided for the exemption of the offender from punishment if one of the two cases, namely: -

First: telling about crime - and is that the offender who has committed an act of imitation or counterfeiting or forgery shall be exempt from punishment if they took the initiative to inform the competent authorities about the crime and before the competent authorities will proceed to search for the perpetrator

Second destroy counterfeit currency _ is exempt from punishment if the offender has destroyed counterfeit or fake or counterfeit currency before using them on condition that the authorities have begun to investigate and search for the perpetrator.

This is a summary of the provisions of the crime of counterfeiting in the Iraqi Penal Code number ((111 of 1969 and indicate the legal material above punishable by and through the offender to the legislator Iraq was accurate his profound to the seriousness of counterfeiting and their consequences for the development of a strong legal provisions to curb that behavior Almsheei of the state and economic systems, which is the backbone of life in all countries of the world.