Second Commission Report based on Article 11 of the Council Framework Decision of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro {SEC(2003) 936}
Date: 2003-09-03
Institutions: European Commission
Subjects: economic offence, euro, fraud against the EU, penalty

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 3.9.2003
COM(2003) 532 final

SECOND COMMISSION REPORT

based on Article 11 of the Council Framework Decision of 29 May 2000 on increasing
protection by criminal penalties and other sanctions against counterfeiting in connection
with the introduction of the euro

{SEC(2003) 936}

1. 

INTRODUCTION

In  order  to  guarantee  tighter,  harmonised  protection  for  the  euro  throughout  the
European  Union,  the  Council  adopted  Framework  Decision  2000/383/JHA  on
29 May 2000.1 In the context of the introduction of the euro at the start of 2002, this
Framework Decision was designed to complement the provisions of the International
Convention of 20 April 1929 for the Suppression of Counterfeiting Currency and the
application thereof.2 The Member States were required to accede to the Convention,
where  necessary,  and  to  transpose  the  provisions  of  the  Framework  Decision  into
national law by 29 May 2001 at the latest.

Pursuant  to  Article 11  of  the  Framework  Decision,  on  13 December  2001  the
Commission  adopted  a  report  on  the  implementation  of  the  Framework  Decision3
based on information supplied to it by the Member States. The report, which sets out
in detail the various obligations laid down in the Framework Decision and the way in
which  the  Member  States  have  complied  with  them,  was  then  submitted  to  the
Council. Although the Council acknowledged in its conclusions that the objective of
the Framework Decision had largely been met, it called on the Commission to draw
up a second report incorporating additional information from the Member States.

On  the  basis  of  the  information  received  subsequently,  the  Commission  prepared  a
working  document  with  country  reports,  an  initial  version  of  which  was  handed  to
the  Council’s  working  group  on  substantive  criminal  law  in  November  2002.  A
second version, accompanied by updated tables for individual countries, was handed
to the Cocolaf’s advisory committee on counterfeiting in April 2003 with a view to
obtaining additional details from the Member States on their legislative amendments
and the interpretation of certain provisions of national law.

The  tables,  which  had  already  been  included  in  a  document  annexed  to  the  first
report,4 but did not form an integral part of it, are included in this report,5 while the
country  reports  are  contained  in  a  Commission  staff  working  paper.6  The  present
report  begins  with  an  article-by-article inventory  of  all  the  legislative  amendments
and  clarifications  made  since  the  first  report  was  adopted.  It  continues  with  a
summary  of  the  current  state  of  implementation  of  each  Article of  the  Framework
Decision.7 The report does not cover the new Article 9a of the Framework Decision
on recognition of previous  convictions as inserted by Council  Framework Decision

1

2

3

4

5

6

7

Council Framework Decision of 29 May 2000 on increasing protection by criminal penalties and other
sanctions against counterfeiting in connection  with the introduction of the euro (OJ L 140, 14.6.2000,
p. 1).
No 2623, p. 372, 1931 Compendium of League of Nations Treaties.
COM(2001) 771 final.
Commission staff working paper, 13 December 2001 (SEC(2001) 1999).
For the tables and country reports see Annex 1 and Annex 2 to this report respectively.
Commission staff working paper, SEC(2003)936, of 3.09.2003.
For more detailed information, in particular on the national provisions already regarded as in line with
the  Framework  Decision  when  the  first  Commission  report  was  adopted,  see  the  tables  and  country
reports in the annex and the first report.

2

                                                
2001/888/JHA of 6 December 2001.8 The Member States have not yet provided any
data on this subject.

2. 

PROGRESS IN IMPLEMENTING THE FRAMEWORK DECISION

As  far  as  possible,  the  current  inventory  of  amendments  and  clarifications  which
have  been  communicated  to  the  Commission  since  its  first  report  follows  the
structure and headings of the sub-chapters indicated in Chapter 2.2 of that report.

2.1. 

Progress 
1929 Convention

in 

implementing  the  Framework  Decision  and  ratifying  the

All  the  Member  States  have  provided  the  Commission  with  information  on  their
implementation of the Framework Decision. Most have also submitted their national
implementing legislation.

When  the  Commission  adopted  its  first  report,  some  Member  States  (France,
Germany,  Ireland,  and  Luxembourg)  had  prepared  new 
legislation  which
complemented  or  amended  existing  criminal  law  and  which  was  specifically
designed to implement the Framework Decision but had not entered into force at the
time. It has since done so.

Since  the  first  report  was  adopted,  some  Member  States  have  also  introduced  new
draft legislation in order to implement certain provisions of the Framework Decision.
For  instance,  Spain  has  drafted  amendments  to  its  criminal  code  with  a  view  to
transposing  Articles 3,  8  and  9  of  the  Framework  Decision  into  national  law.
However, these amendments have not yet entered into force.

According  to  information  provided  by  the  French  authorities,  new  legislation  is
currently  being  drafted  in  order  to  transpose  Article 4  of  the  Framework  Decision
into  national  law.  Portugal,  Luxembourg  and  Austria  have  tabled  bills  for  the
transposal  of  Articles 8  and  9  of  the  Framework  Decision,  but  these  have  not  yet
entered into force.

Now  that  Luxembourg  has  completed  ratification  of  the  1929  Geneva  Convention,
all the Member States are parties to it.

2.2. 

General offences (Article 3): Table 1

The  various  elements  of  the  general  concept  of  counterfeiting  defined  in
Article 3(1)(a) and (b) of the Framework Decision will have been transposed by  all
the Member States into their domestic criminal law as soon as the amendments to the
Spanish criminal code have entered into force.

Given  that  counterfeiting  currency  is  not  yet  a  criminal  offence  in  Spain,  the  draft
amendment  is  designed  to  alter  Article 386  of  the  criminal  code  to  make  specific
provision for that act.

8

Council  Framework  Decision  of  6  December  2001  amending  Framework  Decision  2000/383/JHA  on
increasing protection by criminal penalties and other sanctions against counterfeiting in connection with
the introduction of the euro (OJ L 329, 14 December 2001, p. 3).

3

                                                
The Spanish draft amendment also provides for the express criminalisation of import,
export  and  transport  of  counterfeit  currency  referred  to  in  Article 3(1)(c).  With
regard  to  Danish  criminal  law,  which  classes  the  offences  referred  to  in
Article 3(1)(c)  and  (d)  as  ‘attempts’  and  ‘assistance’  in  respect  of  counterfeiting  or
issuing counterfeit currency, Denmark has made it clear that this does not affect the
level  of  penalty  available,  in  contrast  to  what  was  stated  in  the  first  report  and  to
what might be the case in other Member States.

With  regard  to  offences  concerning  items  which,  by  their  very  nature,  are  for  the
purpose  of  counterfeiting  currency  and  components  which  serve  to  protect  against
counterfeiting  (Article 3(1)(d)  of  the  Framework  Decision),  the  amendments
prepared  by  Germany,  France  and  Luxembourg  with  a  view  to  incorporating  a
specific offence into their respective sets of legislation have now entered into force.

2.3. 

Additional  offences  (Article 4)  and  currency  not  issued  but  designed  for
circulation (Article 5): Table 2

The  supplementary  information  provided  by  Italy  and  Portugal  made  it  clear  that
their definition of counterfeiting implicitly covers the illegal manufacture of currency
using legal facilities or materials. This will also be the case for Spain once its draft
amendments  have  entered  into  force,  while  France  still  plans  to  create  specific
provisions to punish the offences referred to in Article 4.

Italy has also helped to clarify the issue of whether its criminal code is in line with
Article 5(b) by indicating that the offence of counterfeiting would cover all currency
which is legal tender, irrespective of whether it has been issued. The entry into force
of new legislation  following  the adoption of the first  report  means  that  Ireland  and
Luxembourg now also comply with this Article of the Framework Decision.

2.4. 

Penalties (Article 6): Table 3

Confirmation by Member States that their criminal law is to be brought into line with
the  articles  of  the  Framework  Decision  which  relate  to  substantive  offences  has
enabled a number of doubts surrounding implementation of penalties, particularly in
Spain and Italy, to be resolved.

The  Irish  and  Luxembourg  legislation  transposing  Article 6(2)  of  the  Framework
Decision into national law has entered into force since the adoption of the first report.
Sweden,  which  provides  for  a  maximum  penalty  of  just  eight  years  for  “serious”
offences, has noted that the scale of penalties applicable (minor, normal or severe) is
assessed on a case-by-case basis and that the courts must exercise their judgment in
the light of individual circumstances.

As regards the obligation on Member States to make penalties, including deprivation
of liberty which may give rise to extradition, available for the offences contained in
Article 3(1)(a), it should be noted that some of the Member States which had made
reservations  to  the  1957  European  Convention  on  Extradition  have  altered  or
clarified  their  position.9  Once  the  provisions  of  Council  Framework  Decision

9

Whereas  Denmark  has  completely  withdrawn  its  reservations,  Sweden  now  authorises  extradition  to
another Member State where a sentence of six months’ or  more imprisonment is involved. In France,
when a “Schengen” state requests extradition, sentences of two years’ imprisonment in  France and of

4

                                                
2002/584/JHA  of  13  June  2002  on  the  European  arrest  warrant  and  (the  surrender
procedures between Member States) have been implemented,10 they will also apply
to counterfeiting, including counterfeiting of the euro.

2.5. 

Jurisdiction (Article 7): Table 4

Now  that  the  Irish,  French  and  Luxembourg  legislation  designed  to  implement
Article 7(2) of the Framework Decision has entered into force, all the Member States
which  have  adopted  the  euro  have  transposed  the  obligation  resulting  from  that
Article into their national law.

2.6. 

Liability of legal persons and sanctions (Articles 8 and 9): Table 5

Since the entry into force of the new Irish legislation and an amendment to German
law,  ten  Member  States  have  aligned  their  law  with  Articles  8 and  9  of  the
Framework Decision.

Spain, Austria and Portugal have now introduced, or are in the  process of  drafting,
legislation transposing Articles 8 and 9 of the Framework Decision. According to the
information available to the Commission, Luxembourg is working on this legislation
too  and  notes  that  for  some  years  now  the  Attorney  General  has  been  empowered
under  company  law  to  request  the  dissolution  and  liquidation  of  any  company
engaged in activities which contravene criminal law.

The United Kingdom is not planning to adopt specific legislation to incorporate the
concept of liability of legal persons  into  national law,  but  has  stated  that  it  already
complies with the obligations set out in Articles 8 and 9 of the Framework Decision.
According  to  the  UK  authorities,  the  concept  of  negligence  in  civil  law  meets  the
requirements  of  Article 8(2).  In  accordance  with  this  concept,  the  British  courts
would be able to grant damages to victims who can prove negligence on the part of a
legal person. However, these issues may still need further clarification.

3. 

CONCLUSIONS

3.1. 

General points

With  a  greater  or  lesser  degree  of  delay  in  relation  to  the  deadline  laid  down  in
Article 11(2)  of  the  Framework  Decision,  all  the  Member  States  have  finally
provided the Commission with information on the measures taken to implement the
Framework Decision. Although in some cases this information is somewhat lacking
in  detail,  it  has  enabled  a  more  comprehensive  assessment  to  be  made  than  was
possible when the first report was adopted.

From the Commission’s perspective, the result is that, when all the amendments still
in the process of  being drafted or adopted  (Austria, France,  Luxembourg, Portugal,
Spain)  enter  into  force,  the  Framework  Decision  will  have  been  transposed  in  full

just one  year’s imprisonment in the country requesting extradition are required. Once a guilty  verdict
has  been  pronounced,  a  sentence  of  just  two  months’  imprisonment  is  sufficient  for  extradition  to  be
authorised.
2002/584/JHA: Council Framework Decision of 13 June 2002 on the European arrest warrant and the
surrender procedures between Member States (OJ L 190, 18 July 2002, p. 1.).

10

5

                                                                                                                                                        
into  national  law  by  all  the  Member  States,  with  the  exception  of  at  least  one
provision  which  does  not  seem  to  have  been  completely  transposed  by  certain
Member States. According to the information currently available to the Commission,
this concerns Finland and Sweden as regards Article 6(2). There may also be further
need  of  clarification  on  the  full  implementation  of  certains  provisions,  such  as  the
liability of legal persons in the law of the United Kingdom.

It is therefore suggested that the Council invite those Member States which have yet
to complete the transposition of certain provisions into national law or which may yet
provide  further  explanations  on  aspects  of  national  law  which  may  not  be  fully  in
line  with  the  Framework  Decision  to  continue  to  inform  the  Council  and
Commission  on  those  matters,  to  allow  them  to  be  taken  into  account  in  Council
discussions after the Commission has presented this report.

3.2. 

Specific comments

Article 2

All the Member States have acceded to the 1929 Geneva Convention.

Article 3

When  the  amendments  envisaged  in  Spain  enter  into  force,  all  the  Member  States
will  have  transposed  the  various  components  of  the  general  notion  of  counterfeit
currency  as  defined  in  Article 3(1)(a)  and  (b)  of  the  Framework  Decision  into
national law.

The  import,  export  and  transport  of  counterfeit  currency  as  referred  to  in
Article 3(1)(c)  are  specific  offences  in  seven  Member  States  (Austria,  Finland,
Greece, Luxembourg, Netherlands, Portugal and Spain, following the final adoption
of amendments to the criminal code). The other Member States (Belgium, Denmark,
France,  Germany,  Ireland,  Italy,  Sweden,  United  Kingdom)  have  transposed  this
Article into national law in more general terms.

Articles  which,  by  their  very  nature,  are  for  the  purpose  of  counterfeiting  currency
and components which serve to protect against counterfeiting (Article 3(1)(d) of the
Framework Decision) are covered by the national legislation of each Member State,
either in the form of specific offences or broader concepts or notions.

All  the  Member  States  have  introduced,  in  criminal  law  or  common  law,  general
provisions  on  participating  in  and  instigating  the  aforementioned  activities,  or  on
attempts  to  commit  those  offences  pursuant  to  Article 3(2)  of  the  Framework
Decision.

Article 4

When  the  legislative  amendments  envisaged  by  Spain  and  France  enter  into  force,
the  illegal  manufacture  of  currency  using  legal  facilities  or  materials  within  the
meaning  of  Article 4  of  the  Framework  Decision  will  be  an  offence  in  all  the
Member States. In some Member States such activity is or will be a specific offence,

6

but  most  Member  States  use  a  broad  definition  of  counterfeiting  which  covers  the
illegal use of legal facilities or materials for the purpose of manufacturing currency.

Article 5

All  the  Member  States  now  have  legislation  in  line  with  Article 5(b)  of  the
Framework Decision.

Article 6

Implementation of Article 6 (penalties) is still quite varied.

Although  Article 6  evidently  leaves  considerable  leeway  to  the  Member  States,  it
remains  clear  that  Finland  and  Sweden  still  provide  for  maximum  sentences  of  at
least  eight  years  for  the  manufacture  and  alteration  of  currency  only  in  cases  of
“serious”  offences.  All  the  other  Member  States  have  managed  to  bring  their
legislation completely into line with Article 6(2) of the Framework Decision.

Article 7

All  the  Member  States  now  have  legislation  compatible  with  Article 7(1)  of  the
Framework Decision. All the  Member States which  have  adopted  the  euro  (and,  in
addition, Denmark  and  Sweden)  have  also  transposed  the  obligation  resulting  from
Article 7(2).

Articles 8 and 9

Once  Austria,  Luxembourg,  Portugal  and  Spain  have  finished  transposing  the
provisions of the Framework Decision concerning  the liability  of legal persons and
the sanctions applicable to them, fourteen Member States should have legislation in
line with Articles 8 and 9. In the case of the United Kingdom, which has not adopted
specific legislation on liability of legal persons or the  sanctions  applicable to them,
the scope of its domestic legislation may require further clarification with regard to
the implementation of Articles 8(2) and 9(2) of the Framework Decision.

Article 10

According  to  information  received  from  the  United  Kingdom,  Article  10  is  in  the
process  of  being  implemented  by  legislation  applying  the  provisions  of  the
framework Decision to Gibraltar.

7

of the Commission based on Article 11 of the Council's framework Decision of 29 May 2000 on increasing protection by criminal
penalties and other sanctions against counterfeiting in connection with the introduction of the euro11

ANNEX TO THE SECOND REPORT

TABLES 1 - 5

Table 1 General offences (Article 3)

Article of the
framework
Decision

Article 3 (1) (a)
(fraudulent
making..)

Article 3 (1) (b)
(fraudulent
uttering..)

Article 3 (1) (c)
(ex/:import, transport…).

Belgium 12

Articles 162, 163,
173 Penal Code

Article 168, 169,
170 (coins); 176,
177, 178
(banknotes) Penal
Code

Article 169, second sentence
(coins)
Article 177, second sentence
(banknotes) Code Penal: no specific
reference to export, transport)
Articles 168 and 176 cover imports

Denmark

Article 166 Penal
Code

Article 167 Penal
Code

Articles 166 & 167 Penal Code,
viewed in light of Article 21 Penal
Code (attempts) and of Article 23:
(accessory) Penal Code: no specific
reference to im/export & transport

Article 3 (2) (participation,
instigation,
attempt)

- attempts: Articles 1, 7, 52,
80, 81 Penal Code: together
with: Articles 168, 169, 170,
176, 177, 178 Penal Code
- instigation & participation
Articles 66-69 Penal Code

Article 21 (attempts) and
Article 23: (accessory/
instigation/ participation)
Penal Code

Article 3 (1) (d)
(fraudulent means to
counterfeit)
- instruments
- holograms/components to
protect against counterfeiting
Articles 180, 185a (‘objets &
moyens’ should cover computer
programs & components for
protection) 186 & 187a Penal
Code and Article 187 Penal Code.
Although possession is not
specifically legislated against,
receiving or procuring is.
Articles 166 & 167 Penal Code,
viewed in light of Article 21
Penal Code (attempts) and of
Article 23: (accessory) Penal
Code: no specific reference to
instruments adapted for
counterfeiting like computer
programs or components for
protection like holograms

11

12

OJ L 140, 14.06.2000, p. 1
Belgium has adopted a specific law to amend the Belgian Penal Code for the protection of the euro by criminal law, which entered into force on 3.7.2001.

8

                                                
Article of the
framework
Decision

Article 3 (1) (a)
(fraudulent
making..)

Article 3 (1) (b)
(fraudulent
uttering..)

Article 3 (1) (c)
(ex/:import, transport…).

Germany13

Greece14

Spain

Article 146(1) No
(1) Penal Code.
Alteration is an
offence only if it
increases the value
of the currency
Article 207 Penal
Code

Articles 146(1) No
(3) and 147 Penal
Code

Article 208(1)
Penal Code

Article 146(1) No 2 and Article 146
(1) No 3 Penal Code: no specific
reference to ex/ importation should
fall under ‘Sichverschaffen, res.’ im
Verkehr bringen’; transportation
(only as ‘Beihilfe’)
Article 207 Penal Code

Article 386 of the
Penal Code is in
the process of being
amended to include
all of the offences
contained in the
Framework
Decision

Articles 386
(amended) and 629
Penal Code

The amended Article 386 of the
Penal Code will expressly cover
export and transport of currency as
well as “possession” and
“acquisition” (previously
prohibited).

Article 3 (1) (d)
(fraudulent means to
counterfeit)
- instruments
- holograms/components to
protect against counterfeiting
Article 149, paragraph 1, which
particularly covers computer
programmes and holograms
intended to protect against
falsification.

Article 211 Penal Code

Article 400 Penal Code
* tools and means are covered
* the making or possession of
holograms or other components of
currency which serve to protect
against counterfeiting can be
considered covered by the general
terms of Article 400
The words “making” and
“possession” used by the Penal
Code seem to include reception
and obtaining.
The Framework Decision uses the
terms “peculiarly adapted”, but
the Penal Code uses instead

Article 3 (2) (participation,
instigation,
attempt)

Articles 25 - 27 Penal Code;
attempts see Article 147 and
Article 23 in conjunction with
Article 12 Penal Code

attempts: Articles 42 Penal
Code
participation: Article 45, 47
Penal Code
instigation: Article 46 Penal
Code
Articles 27, 28 and 29 and 15
and 16 Penal Code
- instigators are considered as
authors
- complicity is punished
- attempts are covered but not
as regards the fraudulent
uttering of counterfeit
currency that has been
received in good faith up to 50
000 pesetas (300,51 €)

13

14

German Law concerning the most recent transpositions of the Framework Decision was approved on the 22nd August 2002 and has come into force since then.
Greece has prepared specific amendments for the Greek Penal Code to protect the euro against counterfeiting by criminal law which has entered into force on
19 October 2001.

9

                                                
Article of the
framework
Decision

Article 3 (1) (a)
(fraudulent
making..)

Article 3 (1) (b)
(fraudulent
uttering..)

Article 3 (1) (c)
(ex/:import, transport…).

France15

Ireland

Article 442(1)
Penal Code

Article 442(2)
Penal Code

Section 34
Criminal Justice
(Theft and Fraud
Offences) Act

Section 33(1)2
Criminal Justice
(Theft and Fraud
Offences) Act,
200016 (law entered
into force on
19/12/2001)

Article 442(2) Penal Code; the
Penal Code contains no specific
reference to im/export but
specifically prohibits the circulation
of counterfeit money
Section 34(2), 35(1), 35(2) and
Section 37(1) Criminal Justice
(Theft and Fraud Offences) Act
2000

Italy17

Article 453(1)(2)
Penal Code

Article 453(3) –
454-455 Penal
Code
Art 453(3)
expressly provides
the agreement (in
concerto’) among

Articles 453(3) (4)-454-455 Penal
Code
Art 453(3)(4) expressly provides
the agreement among individuals
with different roles.
Art. 455 provides for import,
uttering, purchase, possession

Article 3 (1) (d)
(fraudulent means to
counterfeit)
- instruments
- holograms/components to
protect against counterfeiting
“specifically aimed at”. A link
with a particular crime of
counterfeiting is required.
Article 442-5 Penal Code
(amended by the law of
11/12/2001)

Section 36 Criminal Justice (Theft
and Fraud Offences) Act 2000 (no
specific reference to
holograms/components for
protection against counterfeiting,
but in the absence of case law to
the contrary, the provision is
broad enough to encompass them)

Article 461 Penal Code

Article 3 (2) (participation,
instigation,
attempt)

Article 442(8) Penal Code and
121(7) Penal Code

of 

Common  law  in  relation  to
case  law  provides  that  the
conduct 
participating,
instigating  and  attempting  is
punishable.  Provision  is  also
made under the Criminal  Law
Act  1997, 
s2,  where  an
offence  is  punishable  by  a
term of five years or more.
Common  law  in  relation  to
case  law  provides  that  the
conduct 
participating,
instigating  and  attempting  is
punishable

of 

15

16

17

France adopted law number 2001/1168 of 11/12/2001, published in OJ of 12/12/2001, incorporating several financial and economic measures which transpose
articles 3(1)(d), 5 and 7 of the Framework Decision into French Law.
Ireland  has  prepared  specific  amendments  for  the  Irish  Penal  Code  to  protect  the  euro  against  counterfeiting  by  criminal  law  which  entered  into  force  on
19/12/01.
Italy has adopted specific legislation (Decreto legge 25 9 2001 no. 350) -which entered into force in October 2001- which has been converted into legislation of
23 November 2001 No. 409 to comply with the framework Decision.

10

                                                
Article of the
framework
Decision

Article 3 (1) (a)
(fraudulent
making..)

Article 3 (1) (b)
(fraudulent
uttering..)

Article 3 (1) (c)
(ex/:import, transport…).

individuals with
different roles.
Art. 455 provides
uttering without
agreements with
other individuals.
Article 169 (coins)
Article 177
(banknotes) Penal
Code

without agreement with other
individuals; there is no specific
reference to transport & export,
they seem to be covered by the
broad definitions of Article 453 &
455.
Article 169 (coins) Article 177
(banknotes) Penal Code

Luxembourg18

Article 162 (coins)
Article 173
(banknotes) Penal
Code

Netherlands19

Article 208 Penal
Code

Article 209 Penal
Code

Article 209 Penal Code (as
amended by Act of 17 May 2001)

Austria20

Article 232 (1)
Penal Code

Portugal21

Articles 262 and

Article 232 (2) and
Article 233 (1) No
2 Penal Code
Articles 264 and

Article 233(1) No 1 (new) Penal
Code (befördern = transportieren)

Article 266 Penal Code (the

Article 3 (1) (d)
(fraudulent means to
counterfeit)
- instruments
- holograms/components to
protect against counterfeiting

Article 3 (2) (participation,
instigation,
attempt)

Article 180, 185, 186, 187-1
Penal Code

Article 214 Penal Code as
amended by Act of 17 May 2001
(no specific reference made to
holograms/components for
protection against counterfeiting;
but very broad definition)
Article 239 Penal Code (new) no
specific reference to computer
programs
Article 271 Penal Code

-Articles  51,  52  (‘crimes’)  53
(‘délits’)  Penal  Code 
(in
combination  with  Articles
169, 177,  184,  185, 187,  187-
1): attempts
-Articles  66  -  69  Penal  Code:
participation and instigation
Articles 
instigation), 
Penal Code

(participation,
(attempt)
45 

47 

Articles  232,  233  &  239  in
relation with Articles 12 & 15
Penal Code
Articles 

and 

26 

27

18

19

20

21

Luxembourg has prepared a law to amend the Luxembourg Penal Code to protect the euro against counterfeiting by criminal law (Draft Bill No 4785 amending
the Penal Code and the Code on Penal Procedure) which entered into force on 29/01/02.
The Netherlands have adopted the legislation completing the Penal Code (Wet van 17 mei 2001 tot wijziging van het Wetboek van Strafrecht met betrekking tot
valsheid in muntspeciën en munt- en bankbiljetten (eurovalsemunterij)) and have adopted a specific Bill (Wet van 11 november 1999 etc.) to transpose Article 5
(a).
Austria has adopted some amendments to the Austrian Penal Code for the protection of the euro by criminal law, which entered into force on 7.3.2001.
Portugal has adopted some amendments to the Portuguese Penal Code which entered into force on 30.8.2001.

11

                                                
Article of the
framework
Decision

Article 3 (1) (a)
(fraudulent
making..)

Article 3 (1) (b)
(fraudulent
uttering..)

Article 3 (1) (c)
(ex/:import, transport…).

263 Penal Code.
According to
Article 262, altering
legal currency is
only covered when
the nominal value
of the currency is
increased.
Article 263
prohibits the
depreciation of
metallic money and
manufacturing of
metallic money
with the same or
higher value than
the legal one.
Chapter 37, Section
1(1) Penal Code

265 Penal Code

fraudulent character of the uttering
is defined in the Portuguese Penal
Code by the aim of doing it as if the
currency was legal)

Chapter 37, Section
1(1) Penal Code
(“transfers to
another”)

Chapter 37, Section 1(1) Penal
Code

Chapter 14 Section
6 Penal Code

Chapter 14 Section
9 Penal Code

Chapter 14 Section 6a (no specific
reference to im/exports) Penal Code

Finland 23

Sweden24

Article 3 (1) (d)
(fraudulent means to
counterfeit)
- instruments
- holograms/components to
protect against counterfeiting
(punishable as preparatory acts -
necessary link with a particular
offence under Articles 262 or 263.
This has an implication for the
level of penalty that may be
imposed.)
No mention of holograms or other
currency components apart from
paper.

Article 3 (2) (participation,
instigation,
attempt)

(participation  and  instigation),
and Articles 2322, 262, 263(3),
264(2),  265(3),  266(2)  Penal
Code.  Also  preparatory  acts
under Article 271 Penal Code.

Chapter 37, Section 4 Penal Code,
punishable as preparation of
counterfeiting (‘supplies’ should
cover components protecting
currency)
Chapter 23 Section 2
« preparation of crime » :
‘falsification tool or other such
means’ Penal Code

-attempts: Chapter 37 Sections
1 (2), 2 (2), 3 (2) 5 (2)
-Chapter 5, Section 1
(participation), Section 2
(instigation) Penal Code
Chapter 14 Section 12 in
conjunction with Chapter 23
Section 2 Penal Code:
attempts;

22

23

24

The attempting of fraudulent uttering of counterfeit currency when the author only knew that the currency was counterfeited after having received the same is
not punishable (Article 265 (2)), nor is the uttering of currency under art. 263, nor the attempting as regards art. 271.
Finland has adopted specific amendments of the Finnish Penal Code for the protection of the euro by criminal law, which entered into force on 29.5.2001.
Sweden has adopted legislation adapting and completing existing legislation which entered into force on 1 April 2001.

12

                                                                                                                                                                                                                                   
Article of the
framework
Decision

Article 3 (1) (a)
(fraudulent
making..)

Article 3 (1) (b)
(fraudulent
uttering..)

Article 3 (1) (c)
(ex/:import, transport…).

Article 3 (1) (d)
(fraudulent means to
counterfeit)
- instruments
- holograms/components to
protect against counterfeiting

United Kingdom

Section 14(1) Part
II of the Forgery
and Counterfeiting
Act 1981

Section 15 Part II
of the Forgery and
Counterfeiting Act
1981

Section 15 and 16 Part II of the
Forgery and Counterfeiting Act
1981

Section 17 Part II of the Forgery
and Counterfeiting Act 1981

Article 3 (2) (participation,
instigation,
attempt)

participation & instigation to a
crime: as a general principle
of Swedish criminal law
punishable if the crime can be
sentenced with imprisonment
Accessories and Abettors Act
1861

13

Table 2 Additional Offences (Article 4) & Currency not issued but designed for circulation (Article 5

Article of the framework Decision

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Article 4
(additional offences)
Article 162 (coins) Article 173
(banknotes): ‘counterfeiting or falsifying
coins & banknotes includes the illegal
use of legal facilities to produce the
currency’
Articles 166, 167 together with Article 21
& 23 Penal Code

Article 146 (etc) Penal Code (in
combination with case law)
Article 208a Penal Code

The amended article 386 of the Penal
code will not only prohibit the fraudulent
manufacture of currency using legal
means, but also such manufacture
irrespective of the means.
draft new Article 442-1 Penal Code (not
yet brought into legislative procedure)

Section 32(1) (new definition of currency
‘which has not been lawfully issued, but
which would, on being so issued, be a
currency note or coin’) Criminal Justice
(Theft and Fraud Offences) Act, 2000
No specific provision, but judicial
interpretation has confirmed that Article
453 of the Penal Code prohibits the
illegal counterfeiting of money by any
means, including the production of
currency using legal means by persons
not authorised.

Article 5 (a)
(before 1.1.2002)
Articles 162, 173, 180, 185 Penal Code
(entered into force on 03.07.2001)

Article 5 (b)
(currency not yet issued)
Articles 162, 173, 180, 185a, 186 3rd
sentence, 187a Penal Code

Article 171 (forgery) and Article 279
(fraud) Penal Code and depending on the
circumstances, the rules on attempts to
commit offences and acting as an
accessory
Article 146 (etc) Penal Code

Amendment of Penal Code has entered
into force on 19.10.2001
Article 2 Constitutional Law 10/1998 (in
force since 1 January 1999) and Article
387 Penal Code

Articles 166 & 167 Penal Code, viewed
in light of Article 21 Penal Code
(attempts) and of Article 23: (accessory)
Penal Code

Article 146 (etc) Penal Code

Articles 207, 208(1), 208a Penal Code

Included in the general provisions.

New Article 442-15 of the Penal Code, in
conjunction with articles 442-1, 442-2
and 442-5 to 442-14 of the Penal Code.
Section 32(1), (new definition ‘currency
note’ and ‘coin’) (Theft and Fraud
Offences) Act, 2000

New Article 442-15 of the Penal Code in
conjunction with articles 442-1, 442-2
and 442-5 to 442-14 of the Penal Code.
Section 32(1) Criminal Justice (Theft and
Fraud Offences) Act, 2000

Art. 52-quater added on the basis of legge
no. 409/2001 to the D.Lgs. 24 giugno
1998 n. 213 (art. 52-quinquies provides
administrative liability of legal persons)
(Article 52c of the Decree-Law of 8 June
2001)

No specific provision, but Article 453 of
the penal code will be applicable to all
money of legal tender, whether issued or
not.

14

Article of the framework Decision

Luxembourg
Netherlands

Article 4
(additional offences)
Article 192-1 Penal Code
Articles 208, 209 & 214 (in relation with
the Articles 45, 46 & 48) Penal Code

Austria

Article 232(3) new Penal Code

Portugal

Finland

Sweden

United Kingdom

Article 262 of the Penal Code punishes
falsification, whether legal or illegal
means are used. (see article 71(2)(a),
which treats this as an aggravating
factor). Article 266(1)(c) specifically
criminalises the use of coins with the
same value as their legal equivalent but
without legal authorisation
definition of ‘counterfeited money’
includes money which is not
manufactured by the competent authority
(Government proposal of 1991 on
definition of counterfeited money)
Chapter 14 Section 6 Penal Code and
Chapter 14 Sections 6a & 9: broad
definition such as ‘or otherwise forges’,
explained in the motivation of the Act
amending the Penal Code
Section 14 of the Forgery and
Counterfeiting Act 1981 (found in Part II
of the Act).

Article 5 (a)
(before 1.1.2002)
 Article 192-2 of the Penal code
(Articles 1 & 3) Act of 11.11.1999
related to the prohibition of
counterfeiting future euro coins & notes,
when appropriate in relation with Article
84 Penal Code
Article 241 Penal Code in conjunction
with the Articles 232, 233, 239 Penal
Code (currency not legal tender: Article
237 Penal Code in relation with Articles
232, 233, 239 Penal Code)
Article 255 (d) Penal Code

Article 5 (b)
(currency not yet issued)
Article 192-2 Penal Code
Article 210 Penal Code in relation with
Articles 208, 209 & 214 Penal Code

Article 241 Penal Code in conjunction
with the Articles 232, 233, 239 Penal
Code (currency not legal tender: Article
237 Penal Code in relation with the
Articles 232, 233, 239 Penal Code)
Article 255 (d) Penal Code

Chapter 37 Section 12 (3) Penal Code in
relation to provisions of Chapter 37 on
‘money’ (provision entered into force on
1 April 2000)

Chapter 14 Section 6, second sentence
Penal Code (provision entered into force
on 1.4.2001)

Chapter 37 Section 12 (3) Penal Code in
relation to provisions of Chapter 37 on
‘money’

Chapter 14 Section 6, second sentence
Penal Code

Offence of forgery not of counterfeiting -
- banknotes: Part I (sections 1 to 5) of the
Forgery and Counterfeiting Act 1981.
Pre-circulation Euro notes may be treated
as “instruments” under the forgery
provisions of the Forgery and
Counterfeiting Act 1981. (See Home
Office Circular 10/2000.)

Part I (sections 1 to 5) of the Forgery and
Counterfeiting Act. UK considers that
such banknotes and coins may be treated
as “instruments” under the forgery
provisions of the Forgery and
Counterfeiting Act 1981. (See Home
Office Circular 10/2000.)

15

Article of the framework Decision

Article 4
(additional offences)

Article 5 (a)
(before 1.1.2002)
- coins: Section 27(1) Part II of the
Forgery and Counterfeiting Act 1981
Protected Coins (1999) Order (See also
point 2.5 Home Office Circular 10/2000.)

Article 5 (b)
(currency not yet issued)

16

Penalties: Article of the
framework Decision

Article 3: general offences of
counterfeiting

Article 4 : additional offences
of counterfeiting

Table 3 Penalties (Article 6)

- Article 162: 5-10 years
imprisonment;
- Article 173 Penal Code: 15- 20
years imprisonment

Article 6 (2) maximum not less
than  8  years  of  imprisonment
in case of conduct ex Article 3
(1) (a)
Article  162,  Article  173  Penal
Code

Article 5 : criminal law
protection before 2002 and
currency not issued but
designated for circulation
- Article 162, Article 180,
Article 186: 5-10 years
imprisonment
- Article 173: 15- 20 years
imprisonment
- Article 185a, Article 187a
Penal Code: 8 days up to 1 year
imprisonment

Belgium

Denmark

--Article 3(1)(a): Article 162,
163: 5-10 years imprisonment,
including the deprivation of
one’s rights as a citizen (Article
162); Article 173: 15- 20 years
imprisonment.
--various sentences, such as:
~ imprisonment of 1 month up
to 3 years (Article 169)
imprisonment of 1 up to 5 years
(Article 177)
- imprisonment of 5 up to 10
years (Article 180, Article 186)
- imprisonment of 8 days up to 1
year (Article 185a, Article 187a)
Penal Code
- fine of 5.200 - 200.000 BEF
(Article 170) (€ 128,90 - €
4957,87)
- imprisonment of 1 month up to
1 year and/or a fine of 10.000 –
200.000 BEF (Article 178) (€
247,89 - € 4957,87)
- imprisonment of 1 month up to
2 years (Article 187)
-imprisonment of up to 12 years
(Article 166(1), Article 167 )

Idem

- imprisonment up to 8 years
(Article 171 Penal Code)

Article 166 (1) Penal Code25

25

Denmark has provided a declaration in connection with the adoption of the framework Decision to the effect that Article 6 (2) does not apply to counterfeiting that involves a
reduction in value of legal tender, covered by Article 166 (2) Penal Code which provides up to 4 years imprisonment.

17

                                                
Penalties: Article of the
framework Decision

Article 3: general offences of
counterfeiting

Article 4 : additional offences
of counterfeiting

Germany

Greece

Penal Code

Article 146(1) and Article 38(2)
Penal Code imprisonment of
minimum 1 year-maximum of
15 years
Article 149:
-1 month up to 5 years
(counterfeiting in general)
-1 month up to 2 years or a fine
(instruments adapted for
counterfeiting)
- imprisonment of minimum 10
years and a fine (Article 207)
-in petty crime cases: at least 3
months of imprisonment and a
fine (Article 207, 208(1))
- at least 1 year imprisonment
and a fine (Article 211)
- instigator & participant
(Article 45 & 46) can be
punished as a perpetrator
- Articles 42 and 47 in relation
with Article 83 provide for a
specific lower punishment: a
difference is made between a
full and a simple attempt or
participation; various sanctions
are applicable which can give
rise to extradition; (where a
‘petty offender’ is convicted of a

Article 5 : criminal law
protection before 2002 and
currency not issued but
designated for circulation
- imprisonment up to 8 years
(Article 286(2) in relation with
Article 279 Penal Code)
-imprisonment of up to 12 years
(Article 166 (1), Article 167 )
Penal Code
Article 146(1) and Article 38(2)
Penal Code imprisonment of
minimum 1 year-maximum of
15 years

Article 6 (2) maximum not less
than  8  years  of  imprisonment
in case of conduct ex Article 3
(1) (a)

Article 146(1) Penal Code

Article 146(1) and Article 38(2)
Penal Code imprisonment of
minimum 1 year-maximum of
15 years

at least 1 year imprisonment and
a fine (Article 208a)

- imprisonment of minimum 10
years and a fine (Article 207)
-in petty crime cases: at least 3
months of imprisonment and a
fine (Article 207, 208(1))

Article 207 Penal Code provides
for  a  maximum  prison  term  of
10 years.

18

Penalties: Article of the
framework Decision

Article 3: general offences of
counterfeiting

Article 4 : additional offences
of counterfeiting

Article 5 : criminal law
protection before 2002 and
currency not issued but
designated for circulation

Article 6 (2) maximum not less
than  8  years  of  imprisonment
in case of conduct ex Article 3
(1) (a)

Idem

Idem

Article 386, first paragraph, 1°
Penal Code (see also precedent
comments)

Spain

minor offence within the
meaning of articles 207 and 208,
extradition is not possible.)
With regard to Article 3(1)(a) of
the Framework Decision:
-Article 386, first paragraph, 1°
Penal Code: imprisonment of 8
to 12 years and fine (up to ten
times the counterfeited sum)
(accessory penalties possible,
Articles 55 and 56).
With regard to Article 3(1)(b) of
the Framework Decision:
-Article 386, first paragraph, 3°
Penal Code: imprisonment of 8
to 12 years and fine (up to ten
times the counterfeited sum)
(accessory penalties possible,
Articles 55 and 56).
-Article 386, third paragraph
(fraudulent uttering of
counterfeit currency acquired in
good faith, for an amount
superior to 50 000 pesetas, €
300,51): arrest of nine to fifteen
weekends and fine.
-Article 629 Penal Code
(fraudulent uttering of
counterfeit currency acquired in
good faith, for an amount up to
50 000 pesetas, € 300,51): arrest
of one to four weekends or fine.
With regard to Article 3(1)(c) of
the Framework Decision:
-Article 386, first paragraph, 2°:

19

Penalties: Article of the
framework Decision

Article 3: general offences of
counterfeiting

Article 4 : additional offences
of counterfeiting

Article 5 : criminal law
protection before 2002 and
currency not issued but
designated for circulation

Article 6 (2) maximum not less
than  8  years  of  imprisonment
in case of conduct ex Article 3
(1) (a)

imprisonment of 8 to 12 years
and fine (up to ten times the
counterfeited sum) (accessory
penalties possible, Articles 55
and 56).
-Article 386, second paragraph:
imprisonment of 2 up to 4 years
or of 4 up to 8 years and fine (up
to the amount of the
counterfeited sum) (accessory
penalties possible, Article 56).
With regard to Article 3(1)(d) of
the Framework Decision:
-Article 400 Penal Code: same
penalty as the fraudulent making
of currency: imprisonment of 8
to 12 years and fine (up to ten
times the counterfeited sum)
(accessory penalties possible,
Articles 55 and 56).
With regard to Article 3(2) of
the Framework Decision:
-Articles 27 and 61: the
participants and instigators are
considered authors and have the
same penalty (see above)
-Article 63: penalty for the
accomplices. It depends on the
penalty for the authors:
imprisonment of 4 to 8 years
and fine (up to the amount of the
counterfeited sum) when the
penalty for the authors is
imprisonment of 8 to 12 years
and fine up to ten times the

20

Penalties: Article of the
framework Decision

Article 3: general offences of
counterfeiting

Article 4 : additional offences
of counterfeiting

Article 5 : criminal law
protection before 2002 and
currency not issued but
designated for circulation

Article 6 (2) maximum not less
than  8  years  of  imprisonment
in case of conduct ex Article 3
(1) (a)

France

counterfeited sum.
-Article 62: penalty with respect
to the attempting. It depends on
the penalty for the authors:
imprisonment of 2 up to 4 years
or of 4 up to 8 years and fine (up
to half or up to the amount of
the counterfeited sum) when the
penalty for the authors is
imprisonment of 8 to 12 years
and fine up to ten times the
counterfeited sum.
The general offence of
counterfeiting is punished by
Article 442-1 of the penal code -
Article 3(1)(a), (b) and (c): up to
30 years of imprisonment and a
fine up to 3 million francs (€
458.015,26); these limits also
apply to (b) and (c) if the act has
been committed by a ‘criminal
organisation’
-Article 3 (1)(b) and (c): 10
years of imprisonment and a fine
of up to 1 million francs (€
152.671,75)
-Article 3 (1)(d): (Article 442-5
Penal Code) imprisonment for
up to 2 years and fines of up to €
30.000
-Article 3(2): ‘accomplice’ is
punishable as a perpetrator’
(Article 121-6 and Article 121-7
Penal Code)
Pretrial extradition is only

- (legislation in preparation)

Article 442-15

Article 442 (1) Penal Code

21

Penalties: Article of the
framework Decision

Article 3: general offences of
counterfeiting

Article 4 : additional offences
of counterfeiting

Article 5 : criminal law
protection before 2002 and
currency not issued but
designated for circulation

Article 6 (2) maximum not less
than  8  years  of  imprisonment
in case of conduct ex Article 3
(1) (a)

Ireland

possible where the penalty is at
least two years imprisonment in
France and in the demanding
member state where that state is
a non-Schengen country
(reservation to the 1957
convention). Where the state is a
Schengen country a penalty of at
least two years in France and
one year in the demanding
country is necessary. Post-trial,
a period of imprisonment of at
least two months is necessary.
-Section 33(2) Criminal Justice
(Theft and Fraud Offences) Act,
2000: unlimited fine and/or up
to 10 years of imprisonment
- Section 34(3) Criminal Justice
(Theft and Fraud Offences) Act:
-- unlimited fine and/or up to 10
years of imprisonment ( Section
34(1))
-- unlimited fine and/or up to 5
years of imprisonment (Section
34(2))
- Section 35(3) Criminal Justice
(Theft and Fraud Offences) Act:
-- unlimited fine and/or up to 10
years of imprisonment (Section
35(1))
-- unlimited fine and/or up to 5
years of imprisonment (Section
35(2))
- Section 37 Criminal Justice
(Theft and Fraud Offences) Act:

Idem

idem

Section  33(2)  Criminal  Justice
(Theft and Fraud Offences) Act,
2000 unlimited fine and/or up to
10 years imprisonment

22

Penalties: Article of the
framework Decision

Article 3: general offences of
counterfeiting

Article 4 : additional offences
of counterfeiting

Article 5 : criminal law
protection before 2002 and
currency not issued but
designated for circulation

Article 6 (2) maximum not less
than  8  years  of  imprisonment
in case of conduct ex Article 3
(1) (a)

unlimited fine and/or up to 10
years of imprisonment
- Section 36(3) Criminal Justice
(Theft and Fraud Offences) Act:
-- unlimited fine and/or up to 10
years of imprisonment (Section
36(1))
-- unlimited fine and/or up to 5
years of imprisonment Section
36(2))
- an attempt to commit an
offence
under sections 33, 34, 35, 36 or
37 attracts the same level of
penalty (i.e. a maximum of 5 or
10 years respectively on
conviction on indictment, as the
principal offence
-aiding, abetting, counselling or
procuring –to these offences- is
punished as the principal
offence (Section 7(1) of the
Criminal Law Act 1997)
-art. 453 P.C.: 3-12 years of
imprisonment plus fine (1
million to 6 million lira (€
516,45 - € 3098,74))
-art. 454 P.C.: 1-5 years of
imprisonment plus fine (200.000
up to 1 million lira (€ 103,29 - €
516,45 ))
-art. 455 P.C.: punishments
provided by 453-454 P.C.
reduced by 1/3 up to ½
-art. 456 P.C.: increase of

Italy

Article 453 applies

Article 453 Penal Code

Art. 52-quater D.Lgs.
8.06.2001.n.231 : punishments
provided by articles 453, 454,
455, 456, 457, 461 P.C. reduced
by 1/3 (if the crime and uttering
take place before the 1.01.2002
and it is related to euro).

23

Penalties: Article of the
framework Decision

Article 3: general offences of
counterfeiting

Article 4 : additional offences
of counterfeiting

Article 5 : criminal law
protection before 2002 and
currency not issued but
designated for circulation

Article 6 (2) maximum not less
than  8  years  of  imprisonment
in case of conduct ex Article 3
(1) (a)

Luxembourg

punishments provided by art.
453 and 455 in case of currency
-art. 461 P.C.: 1-5 years plus
fine (200.000 up to 1 million lira
(€ 103,29 - € 516,45 ))
- coins: 5 to 10 years of
imprisonment: (Articles 162
P.C.) )
-notes: 10 to 15 years
imprisonment: (Articles 173
P.C..)
- coins:1 month to 3 years
imprisonment (Article 169, 1st
paragraph P.C.)
- notes:1 to 5 years (Article 177,
1st paragraph P.C.)
- coins: 8 days to 2 years
(Article 169, 2nd paragraph P.C.)
- notes: 6 months to 3 years
(Article 177, 2nd paragraph P.C.)
- coins: penalties provided for in
the Articles: 180, 3rd and 4th
indent, 185, 1st indent, 186, 3rd
and 4th indent and 187-1, 1st
indent P.C.
-notes: the penalties provided
for in the Articles 180, 5th and
6th indent, 185, 2nd indent, 186,
5th and 6th indent and 187-1, 2nd
indent P.C
- attempts, participation and
instigation: Articles 51, 52 in
conjunction with Articles 169,
177, 184, 185, 187 and 187-1
P.C..

Idem

idem

Article 162 & 173 Penal Code

24

Penalties: Article of the
framework Decision

Article 3: general offences of
counterfeiting

Article 4 : additional offences
of counterfeiting

Maximum of 9 years
imprisonment or a fine of the
‘fifth category’ (Article 208)

Article 6 (2) maximum not less
than  8  years  of  imprisonment
in case of conduct ex Article 3
(1) (a)
Article 208 Penal Code

9 

Article 5 : criminal law
protection before 2002 and
currency not issued but
designated for circulation
-maximum 
years
of 
imprisonment  or  a  fine  of  the
‘fifth category’ (Article 208, 209
(Penal Code)
-  maximum 
years
imprisonment  or  a  fine  of  the
‘fifth  category’  (Articles  210,
214 Penal Code)

of 

4 

Netherlands

Austria

Portugal

-maximum of 9 years
imprisonment or a fine of the
‘fifth category’26 (Articles 208,
209 (Penal Code)
- maximum of 4 years
imprisonment or a fine of the
‘fifth category’ (Article 214
Penal Code)
-attempts: reduction of a third of
the main sentence (Article 45(2)
Penal Code)
Participation and attempts in
relation to articles 45,46 and 48
of the Penal Code are liable to
reduced penalties.
- Article 232(1) Penal Code:
imprisonment of 1 to 10 years;
- Article 232(2) Penal Code:
imprisonment of 1 to 10 years
--Article 233(1) Penal Code:
imprisonment of up to 3 years
- Article 233(2) Penal Code: if
amount involved concerns more
than 0.5 million Schilling (€
36.336,42): imprisonment of
(minimum) 6 months to 5 years)
- Article 239 Penal Code (new):
imprisonment of up to 2 years
Article 262(1) Penal Code:
imprisonment of 3 to 12 years
Article 262(2) Penal Code:

26

NLG 100.000 (€ 45,454.54)

25

- Article 232 (3) in relation with
Article 232 (1) Penal Code:
imprisonment of 1 to 10 years

Article 232(1) Penal Code

-  Depending  on 
the  offence
mentioned  in  the  Articles  232,
233  &  239  committed  (Article
241 Penal Code):
-- imprisonment of 1 to 10 years
-- imprisonment of up to 3 years
(if  amount  involved  concerns
more  than  0.5  million  Schilling
(€  36.339,42):  imprisonment  of
(minimum) 6 months to 5 years)
-- imprisonment of up to 2 years

Idem

idem

The altering of metallic currency
by reducing its value
(depreciation) and the fraudulent

                                                
Article 6 (2) maximum not less
than  8  years  of  imprisonment
in case of conduct ex Article 3
(1) (a)
making or manufacture, without
a legal authorisation, of metallic
currency with the same or a
higher value than the legal one
are punishable only up to 2
years imprisonment or by a fine
See comments above on conduct
not covered by Articles 262 and
263 Penal Code

Penalties: Article of the
framework Decision

Article 3: general offences of
counterfeiting

Article 4 : additional offences
of counterfeiting

Article 5 : criminal law
protection before 2002 and
currency not issued but
designated for circulation

imprisonment of 2 to 8 years
Article 263 Penal Code:
imprisonment up to 2 years or
fine up to 240 days (every day
of fine corresponds to a sum of
200 up to 100 000 escudos
(from 1 to € 498,80 ), Article
47).
Article 264(1) Penal Code:
imprisonment of 3 to 12 years
(Article 262(1))
Article 265(1)(a) Penal Code:
imprisonment up to 5 years.
Article 265(2)(a) Penal Code:
imprisonment up to 1 year or
fine up to 240 days –see
equivalencies above. Extradition
is not possible (reservation to
Article 2 of the European
Convention)
Article 266(1)(a) Penal Code:
imprisonment up to 3 years or
fine (from 10 to 360 days,
Article 47 –see equivalencies
above-).
Article 266(1)(b) and (c) Penal
Code: imprisonment up to 6
months or fine up to 60 days –
see equivalencies above-
Article 271(1) Penal Code:
imprisonment up to 1 year or
fine up to 120 days –see
equivalencies above.
Extradition is not possible
(reservation to Article 2 of the

26

Penalties: Article of the
framework Decision

Article 3: general offences of
counterfeiting

Article 4 : additional offences
of counterfeiting

Article 5 : criminal law
protection before 2002 and
currency not issued but
designated for circulation

Article 6 (2) maximum not less
than  8  years  of  imprisonment
in case of conduct ex Article 3
(1) (a)

Idem

idem

Chapter 37 Section 2(1)
(aggravated counterfeiting)

Finland

European Convention)
Penal Code:
-- Chapter 37, Section 1(1):
counterfeiting: imprisonment for
minimum 4 months and at most
4 years
-Section 2(1): aggravated
counterfeiting: imprisonment of
at least 2 and at most 10 years
-Section 3(1): petty
counterfeiting: fine or
imprisonment for at most 2
years
-Section 4(1): preparation of
counterfeiting: fine or
imprisonment for at most 2
years
-Section 5(1): use of counterfeit
money: fine or imprisonment of
at most 1 year
-- Chapter 5, Section 1
(partnership in an offence) and
section 2 (incitement): the
sentence for a person
participating (partnership) or
instigating the crime
is the same as for the offender
(for counterfeiting is 4
months-4 years, aggravated
counterfeiting 2 years-10 years
and the preparation
of counterfeiting at most 2
years)
-Chapter 5 Section 3 (aiding and
abetting) and chapter 4 section 1

27

Penalties: Article of the
framework Decision

Article 3: general offences of
counterfeiting

Article 4 : additional offences
of counterfeiting

Article 5 : criminal law
protection before 2002 and
currency not issued but
designated for circulation

Article 6 (2) maximum not less
than  8  years  of  imprisonment
in case of conduct ex Article 3
(1) (a)

Sweden

(attempt) the
punishment for an abettor or for
an attempted crime shall be
reduced so that the sentence will
be at most 3/4 of the most severe
penalty provided and at
least the general minimum
penalty (of 14 days).
In these cases the punishment
for the counterfeiting is reduced
to 14 days-3 years, the
aggravated counterfeiting 14
days-7 years and 6 months and
the preparation of counterfeiting
14 days-18 months of
imprisonment
Extradition is possible only
where the term of imprisonment
is longer than one year.
-- counterfeiting of currency:
-imprisonment  for  at  most  4
years;
-  if  a  petty  crime:  a  fine  or
imprisonment  for  at  most  0.5
year
-if 
gross:
crime 
imprisonment  for  at  least  2  and
at most 8 years (3(1)(a) & (b));
--  imprisonment  of  at  most  2
years;  if  the  crime  is  petty  to  a
fine  or  at  most  0.5  years  of
imprisonment:  if  the  crime  is
gross:  imprisonment  of  at  least
0.5 and at most 4 years (3(1) (c))
the
-- 

sentence 

than 

less 

the 

is 

Idem

-imprisonment for at least 2 and
at most 8 years

Chapter 14 Section 6 Penal
Code – imprisonment for at
most eight years for an
‘aggravated’ offence. In the case
of a second conviction for
counterfeiting, a penalty of up to
twelve years is possible.

28

Penalties: Article of the
framework Decision

Article 3: general offences of
counterfeiting

Article 4 : additional offences
of counterfeiting

Article 5 : criminal law
protection before 2002 and
currency not issued but
designated for circulation

Article 6 (2) maximum not less
than  8  years  of  imprisonment
in case of conduct ex Article 3
(1) (a)

the

and 

lowest/minimum 
highest/maximum (3(1)(d))
--  punishment  for  attempt  shall
be at most  what is applicable  to
a  completed  crime  and  not  less
than  imprisonment  if  the  least
punishment  for  the  completed
crime  is  imprisonment  for  2
years  or  more  (Chapter  23,
Section  1);  no  punishment  shall
be  imposed  if  the  crime,  had  it
been  completed,  would  have
been  regarded  as  petty  (Chapter
14, Section 12)
instigation:
--participation  & 
punishment  as  a  perpetrator
(Chapter 23 Section 4)
Extradition  is  only  permissible
where the term of imprisonment
is  more  than  one  year.  Where
extradition is to another member
state,  a  term  of  more  than  six
months is required.
Section 6(2) and 6(3) of the
Forgery and Counterfeiting Act
1981 applies to the offences
covered by Part I of that Act:
-conviction on indictment:
imprisonment up to 10 years
(Sections 1, 2, 3, 4, 5(1)(3))
-conviction on indictment:
imprisonment up to 2 years
(Section 5(2) or (4)) Section
22(1)(b)(ii) and 22(2) of the
Forgery and Counterfeiting Act

United Kingdom

Section 22(1)(b)(ii) and 22(2) of
the Forgery and Counterfeiting
Act 1981 applies to the offences
covered by Part II of that Act:
- imprisonment up to 10 years
(Sections 14(1))

(before 01.01.2002)- Section
6(2) and 6(3) of the Forgery and
Counterfeiting Act 1981 applies
to the offences covered by Part I
of that Act:
-conviction on indictment:
imprisonment up to 10 years
(Sections 1, 2, 3, 4, 5(1)(3))
-Section 22(1)(b)(ii) and 22(2)
of the Forgery and
Counterfeiting Act 1981 applies
to the offences covered by Part

Section 6(2) and 6(3) of the
Forgery and Counterfeiting Act
1981 applies to the offences
covered by Part I of that Act
Section 22(1)(b)(ii) and 22(2) of
the Forgery and Counterfeiting
Act 1981 applies to the offences
covered by Part II of that Act

29

Penalties: Article of the
framework Decision

Article 3: general offences of
counterfeiting

Article 4 : additional offences
of counterfeiting

1981 applies to the offences
covered by Part II of that Act:
- imprisonment up to 10 years
(Sections 14(1), 15(1), 16(1),
17(1))

Article 5 : criminal law
protection before 2002 and
currency not issued but
designated for circulation
II of that Act:
- imprisonment up to 10 years
(Sections 14(1))

Article 6 (2) maximum not less
than  8  years  of  imprisonment
in case of conduct ex Article 3
(1) (a)

30

Article of the framework Decision
Belgium
Denmark

Germany
Greece

Spain

France

Ireland

Italy
Luxembourg
Netherlands
Austria
Portugal
Finland

Sweden
United Kingdom

Article 7(2): specific jurisdiction euro Member States
Article 6(2), Article 10 Code of Penal Procedure
Article 8(5) Penal Code

Article 6 Penal Code (‘nationality’ is not relevant)
Articles 3-13 Code of Penal Procedure (especially
Article 8)
Article 23(1), (2) and (3)(e) Constitutional Law of the
Judiciary
(see precedent comments on conducts that are not
punished by the Spanish Penal Code)
new Article 113 – 10 Penal Code extending jurisdiction
to the offences contained in article 442(2), (5) and (15)

Section 38(1) as amended on the 21 June 2001 by the
Criminal Justice (Theft and Fraud Offences) Act
Article 7(3) Penal Code
Article 7 Code on Penal Procedure
Articles 4(1)(3) and 5 Penal Code
Article 64(1)(4) Penal Code in relation to counterfeiting
Article 5 Penal Code
Chapter 1, Section 7; point 1 Decree for application of
Section 7
Chapter 2 Section 3 point 6 ‘universal jurisdiction’
UK has not -at present- taken measures providing for
‘universal jurisdiction’, not having adopted the Euro.

Table 4 Jurisdiction (Article 7)

Article 7(1) first indent general jurisdiction
Article 3 Penal Code
Article 6 Penal Code (territorial jurisdiction), Article 7
(jurisdiction ratione personae), Article 8 (indents 1 - 4
and 6) Penal Code
Article 3 Penal Code
Articles 3 - 13 Code of Penal Procedure (especially
Article 5)
Article 23(1), (2), (3) (e) et (4) (d) Constitutional Law of
the Judiciary
(see precedent comments on conduct that are not
punished by the Spanish Penal Code)
Article 113 - 2 Penal Code and new article 113-10
extending jurisdiction to the offences contained in
articles 442-1 442-2, 442-5, 442-15, 443-1 and 444-1.
Common law

Article 6 Penal Code
Article 5 & Article 7b Code on Penal Procedure
Article 3 Penal Code
Article 62 & 65 (1) Penal Code
Article 4 Penal Code
Chapter 1, Section 1 Penal Code

Chapter 2 Section 1 Penal Code
Part I of the Criminal Justice Act 1993. Section 2
provides for jurisdiction to be taken over offences of
dishonesty where any “relevant event” takes place
within the jurisdiction. The Criminal Justice Act 1993
(Extension of Group A Offences) Order 2000 added
certain offences from the Forgery and Counterfeiting
Act 1981 to the Group A offences in Part I of the
Criminal Justice Act 1993.

31

Table 5 Liability of legal persons (Article 8) & penalties for legal persons (Article 9)

Article  of 
Decision

Belgium

the 

framework

Article 8 (1)
liability legal person

Article 5 Penal Code

Article 8 (2)
liability legal person in case of
lack of supervision
Article 5 Penal Code

Denmark27

Germany

Article 306 Penal Code

Article 30 of the «Gesetz über
Ordnungswidrigkeiten»
transposes Article 8(1)
completely

Article 306 Penal Code in
relation with Chapter 5 (Articles
25 - 27) of the Penal Code
Article 130 «Gesetz über
Ordnungswidrigkeiten» in
relation with Article 30 «Gesetz
über Ordnungswidrigkeiten»

Article 9 (2)
sanctions legal persons in case
of lack of supervision
idem

a fine (level determined by case
law; Article 306 in relation with
Chapter 5 Penal Code)
fines of up to 1 Mio DM (€
511.291,88) Article 130 «Gesetz
über Ordnungswidrigkeiten»

Article 9 (1)
sanctions legal persons

Article 7a etc Penal Code:
-fines up to, for example of 18
Mio up to 96 Mio BEF (€
446.317,87 - € 2.380.362) for
counterfeiting of banknotes.
(Article 41a, Section VI, first
Book, Chapter II Penal Code)
and
- special confiscation measures,
such as: dissolution, closure,
publication of the court’s
decision
a fine (level determined by case
law; Article 306 in relation with
Chapter 5 Penal Code)
(administrative/ ‘non criminal’)
fines of up to 1 Mio DM (€
511.291,88) (and higher if
necessary to neutralise the
financial advantage of the
offence): Article 30 in
conjunction with Article 17
«Gesetz über
Ordnungswidrigkeiten», in
combination with other
measures, such as a civil law
action for damages or
commercial law sanctions, such
-in serious cases- as a winding
up of a company

27

Denmark has adopted a specific amendment to the Danish Penal Code to realise criminal liability of legal persons, which entered into force on 1.5.2001

32

                                                
Article  of 
Decision

Greece

Spain

France

Ireland

Italy

the 

framework

Article 8 (1)
liability legal person

Article 8(5) Bill of the Ministry
of Economy on (provision
concerning) putting into
circulation euro-coins and -
banknotes and other related
provisions.
Amended article 211 of the
Penal Code provides that legal
persons are liable for
counterfeiting offences
committed on their behalf by a
leading person within them.
(Possible civil liability under
circumstances set at Article 120,
3° and 4° Penal Code)
An amendment is underway to
Article 386 in order to render
legal persons liable

Article 8 (2)
liability legal person in case of
lack of supervision
Article 8(5) Bill of the Ministry
of Economy on (provision
concerning) putting into
circulation euro-coins and -
banknotes and other related
provisions.
Amended article 211 of the
Penal Code provides that legal
persons can be held criminally
liable for a lack of supervision
or control by a manager.

(Possible civil liability under
circumstances set at Article 120,
3° and 4° Penal Code)
An amendment is underway to
Article 386 in order to render
legal persons liable

Article 442-14 in relation with
Article 121-2 Code Penal

Article 442-14 in relation with
Article 121-2 Code Penal

Section 58 Criminal Justice
(Theft and Fraud Offences) Act,
2000

In addition to a general principle
of interpretation in Irish Law
which considers that ‘person’
applies to legal as well as
natural persons, Section 58
Criminal Justice (Theft and
Fraud Offences) Act, 2000
Art. 25-a Decreto legislativo (D
lgs.) 8.06.2001n.231
Art. 52-quinquies D.lgs.
24.06.1998 n.213 (euro not yet

Article 9 (1)
sanctions legal persons

By decision of the Minister of
Finance:
a) an administrative fine (50%
of the amount of the offence or
a maximum amount 1 Mio euro)
and/or
b) a temporary or permanent
prohibition to carry out business
activity and/or
c) the provisional or permanent
exclusion of public services or
funding
(provisions in the sectorial
administrative legislation: e.g.
prohibition to enter into
contracts with public
administrations (Law on State
Contracts, Article 20). It is not
considered an administrative
sanction)
See Article 442-14 Code Penal:
-fine (Article 131-38)
-sanctions provided for in
Article 131-39
-confiscation (Article 442-13)
unlimited fine: Section 56(1)
(Criminal Justice (Theft and
Fraud Offences) Act, 2000

Article 9 (2)
sanctions legal persons in case
of lack of supervision
idem

See Article 442-14 Code Penal:
-fine (Article 131-38)
-sanctions provided for in
Article 131-39
-confiscation (Article 442-13)
unlimited fine: Section 56(1)
+Criminal Justice (Theft and
Fraud Offences) Act, 2000

Articles 6 and 7 of the D. Lgs.
No. 231/2001

Article 6 D. Lgs. 350/2001
(amended by Act No. 450/2001)
inserting Article 25a into D.
Lgs. 231/2001 juncto Article 10

Article 6 D. Lgs. 350/2001
(amended by Act No. 450/2001)
inserting Article 25a into D.
Lgs. 231/2001 juncto Article 10

33

Article  of 
Decision

the 

framework

Article 8 (1)
liability legal person

Article 8 (2)
liability legal person in case of
lack of supervision

Article 9 (1)
sanctions legal persons

issued)

Luxembourg

-- A draft Bill is in preparation
introducing into the Penal Code
as a general principle the
(criminal) liability of legal
persons.
Currently Directors are
personally liable for crimes

-- A draft Bill is in preparation
introducing into the Penal Code
as a general principle the
(criminal) liability of legal
persons
Currently Directors are
personally liable for crimes

34

D.Lgs. 231/2001: quota system
of fines (every quota has a
minimum of 500.000 (€ 258,23)
lire and a maximum up to 3 Mio
lire (€ 1.549,37))(Art. 25-a
D.lgs. 8.06.2001n.231:
- fine of 300-800 shares for
crimes provided by art. 453
- fine up to 500 shares for
crimes provided by art. 454-461
- referring to crimes provided by
art 455(a) the fine concerning
art. 453 is reduced by 1/3-1/2
- referring to crimes provided by
art 455(b) the fine concerning
art. 454 is reduced by 1/3-1/2
As a general principle special
measures can also be imposed,
such as: exclusion from
entitlement to public benefits
Art. 52-quinquies D.lgs.
24.06.1998 n.213 (euro not yet
issued and crime taking place
before 31.12.2001): fine
provided by art 25- \ D.lgs.
8.06.2001n.231 reduced by 1/3
(the reduction is not provided if
the uttering takes place after
31.12.2001))
idem
Further, the law of 10th August
1915 on Commercial
Companies applying to
companies formed under
Luxembourg Law or the
branches of foreign companies

Article 9 (2)
sanctions legal persons in case
of lack of supervision
D.Lgs. 231/2001: quota system
of fines (every quota has a
minimum of 500.000 (€ 258,23)
lire and a maximum up to 3 Mio
lire (€ 1.549,37))
(idem)

idem

Article  of 
Decision

the 

framework

Article 8 (1)
liability legal person

committed through a company.

Article 8 (2)
liability legal person in case of
lack of supervision
committed through a company.

Netherlands

Article 51 Code Penal

Article 51 Code Penal

Article 9 (1)
sanctions legal persons

established in Luxembourg,
allows the government to
require the dissolution or
liquidation of the whole
company or branch which
carries on activities contrary to
the Criminal Law.
-fine of the fifth or -if
appropriate- sixth28 category
Article 23(7) Penal Code
-penalties other than
imprisonment, such as
‘deprivation of illegally
obtained benefits’ (Article 36 e
Penal Code)
See declaration made in OJ L
140, 14.6.2001, p.1
A provision implementing these
articles has been drafted but not
yet passed.
Portugal is in the process of
drafting new legislation to
implement these requirements
- a corporate fine of 5.000 and at
most 5 Mio FIM (€ 841,75 - €
841.750,84) (Chapter 9, Section
5 Penal Code)

Article 9 (2)
sanctions legal persons in case
of lack of supervision

-fine of the fifth or -if
appropriate- sixth29 category
Article 23 (7) Penal Code
-penalties other than
imprisonment, such as
‘deprivation of illegally
obtained benefits’ (Article 36 e
Penal Code)
See declaration made in OJ L
140, 14.6.2001, p.1
A provision implementing these
articles has been drafted but not
yet passed.
Portugal is in the process of
drafting new legislation to
implement these requirements
- a corporate fine of 5.000 and at
most 5 Mio FIM (€ 841,75 - €
841.750,84) (Chapter 9, Section
5 Penal Code)

See declaration made in OJ L
140, 14.6.2001, p.1 30
A provision implementing these
articles has been drafted but not
yet passed.
Portugal is in the process of
drafting new legislation to
implement these requirements
Chapter 9, Section 1 and Section
2, Section 14 Penal Code

See declaration made in OJ L
140, 14.6.2001, p.1
A provision implementing these
articles has been drafted but not
yet passed.
Portugal is in the process of
drafting new legislation to
implement these requirements
Chapter 9, Section 1 and Section
2 Penal Code

Austria

Portugal

Finland

28

29

30

NLG 1 million (€ 454,545.45).
NLG 1 million (€ 454,545.45).
DECLARATION BY THE REPUBLIC OF AUSTRIA
Austria refers to the possibility afforded to it in Article 18(2) of the second Protocol to the Convention on the Protection of the European Communities'
Financial Interests (OJ C 221, 19.7.1997, p. 11) not to be bound by Articles 3 and 4 of that Protocol for five years, and hereby states that it will fulfil its
obligations under Articles 8 and 9 of the framework Decision within the same period.

35

                                                
Article  of 
Decision

the 

framework

Article 8 (1)
liability legal person

Article 8 (2)
liability legal person in case of
lack of supervision

Article 9 (1)
sanctions legal persons

Sweden

Chapter 36 Section 7 Penal
Code

Chapter 36 Section 7 Penal
Code

United Kingdom

Section 5 Interpretation Act
1978 (“person” may be
interpreted as a natural person
or a legal person)

Civil liability for negligence
(common law)

- various administrative
measures
- at least 10.000, at most 3 Mio
Swedish crowns (€ 1.066,09 - €
319.829,42); Chapter 36 Section
8 juncto Sections 9 & 10
an unlimited corporate fine
(Interpretation Act 1978)

Article 9 (2)
sanctions legal persons in case
of lack of supervision
- various administrative
measures
- at least 10.000, at most 3 Mio
Swedish crowns (€ 1.066,09 - €
319.829,42); Chapter 36 Section
8 juncto Sections 9 & 10
Damages payable to a claimant
in a civil action to the value of
the loss suffered

36