Comment to Article 206. Manufacture or sale of counterfeit money or securities of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Manufacture or storage for the purpose of sale, as well as sale of counterfeit banknotes and coins of the National Bank of the Republic of Kazakhstan, government securities or other securities in the currency of the Republic of Kazakhstan or foreign currency or securities in foreign currency —
are punishable by imprisonment for a term of up to five years with or without confiscation of property.
2. The same acts committed:
a) a group of persons by prior agreement;
b) repeatedly;
c) on a large scale, —
are punishable by imprisonment for a term of five to ten years with confiscation of property.
3. The acts provided for in the first or second parts of this Article committed by an organized group, —
are punishable by imprisonment for a term of eight to fifteen years with confiscation of property.
The production and sale of counterfeit money and securities (counterfeiting) has been recognized as a particularly dangerous crime in all ages and in all countries.
The public danger of crime is expressed in undermining the normal functioning of the monetary system and causing enormous damage to the economy and the development of market relations in our state.
According to The International Convention for the Suppression of Counterfeiting of Banknotes of April 20, 1929. Persons engaged in counterfeiting of banknotes or securities are subject to criminal liability, regardless of the place of commission of the crime and their nationality.
The object of the crime under Article 206 of the Criminal Code of the Republic of Kazakhstan is the monetary and credit system of the Republic of Kazakhstan. The subject of the crime provided for in Article 206 of the Criminal Code of the Republic of Kazakhstan are:
counterfeit bank notes (banknotes) and metal coins of the National Bank of the Republic of Kazakhstan;
counterfeit government securities in the currency of the Republic of Kazakhstan;
fake foreign currency;
counterfeit securities in foreign currency that are in financial circulation.
Banknotes and metal coins of the National Bank of the Republic of Kazakhstan are the banknotes of the Republic of Kazakhstan in circulation. The banknotes of the Republic of Kazakhstan are manufactured and printed according to the highest standard, include the latest technologies and have 10 main degrees of protection, which include:
1) paper;
2) Watermark;
3) Safety thread;
4) Special printing processes;
5) Anti-copying element;
6) an element that fits into the lumen;
7) microtext;
8) Hidden image;
9) Fluorescent elements;
10) optically changing colors.
Issuance of cash, organization of its circulation and withdrawal from circulation in the territory of the Republic of Kazakhstan, according to art.40 of the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan" dated March 30, 1995 (as amended and supplemented), are carried out exclusively by the National Bank of the Republic of Kazakhstan in the form of selling banknotes and coins to banks to receive a non-cash equivalent. The monetary unit of the Republic of Kazakhstan (national currency), according to Article 38 of the said law, is the Kazakhstani tenge, consisting of 100 tiyns. The denomination structure of banknotes and coins is determined by the National Bank of the Republic of Kazakhstan. The National Bank of the Republic of Kazakhstan determines the need for the required number of banknotes and coins, ensures their manufacture, establishes the procedure for storing, destroying and collecting cash. According to art .47 of the above-mentioned law, persons guilty of the illegal manufacture of banknotes and coins are criminally and financially liable.
Government securities in the currency of the Republic of Kazakhstan are documents certifying, in compliance with the prescribed form and mandatory requisites, property rights, the exercise or transfer of which is possible only upon presentation, the face value and (or) the value of which are expressed in the national currency.
In accordance with the Law of the Republic of Kazakhstan "On the Securities Market" dated July 2, 2003, securities include: shares, bonds, promissory notes and other types of securities recognized as securities by the authorized body in accordance with the procedure established by the legislator: production securities recognized as such in accordance with the legislation.
A foreign currency is understood to be the currency of foreign countries. According to the Law of the Republic of Kazakhstan "On Currency Regulation" dated December 24, 1996 (as amended a currency is a monetary unit accepted by the state as legal tender or official standards of value in cash and non—cash forms, in the form of banknotes, treasury notes and coins, including those made of precious metals (including those withdrawn or withdrawn from circulation, but subject to exchange for banknotes in circulation), and also in the form of special funds in accounts, including in international monetary or settlement units. Z050000057_
Securities denominated in a foreign currency are securities whose face value and/or value are denominated in a foreign currency.
Material evidence in the form of counterfeit money and securities in cases of crimes provided for in Article 206 of the Criminal Code, in order to avoid their re-circulation, must be destroyed. Individual samples can be submitted to the relevant expert institutions, upon their request, to create a database necessary for expert and other research.
The objective side of the manufacture or sale of counterfeit money or securities is characterized by the commission of three alternative actions: the manufacture of counterfeit money or securities for the purpose of sale;
possession of counterfeit money or securities for the purpose of sale;
the sale of counterfeit money or securities.
The Supreme Court of the Republic of Kazakhstan, in its Regulatory Resolution "On certain issues of the qualification of crimes in the field of economic activity" dated June 18, 2004, in paragraph 13, notes that the composition of the crime provided for in Article 206 of the Criminal Code of the Republic of Kazakhstan is the forgery of certain elements of money or securities (for example, making changes to the data on the nominal value of genuine banknotes or securities, other alterations of their contents, numbers, series and other details), as well as the illegal manufacture of them completely.
Fabrication refers to the creation of completely counterfeit money or securities (complete forgery) or their falsification, that is, partial forgery, for example, changing the face value of a genuine banknote, forgery of a number, series of bonds, etc. It can be done manually or using computer technology.
A complete forgery of counterfeit banknotes can be made by electrophotography using copying and multiplying technology and a scanner. In case of complete forgery, counterfeit money or securities are created from scratch, without using real banknotes.
In case of partial forgery, paper banknotes of various denominations are usually altered. At the same time, the guilty person, as a rule, changes genuine paper banknotes of medium denomination into bills of higher denomination, artfully gluing or adding additional zeros or numbers, changing the series of securities, etc. Using a razor, scalpel, paints, ink, colored pencils, alcohol solution diamond, green or other dyes, they change the original verbal and digital designations of the denomination of this banknote. In relation to securities, a typical example of partial forgery is the falsification of bearer bonds.
The methods of forgery and the amount of counterfeit money produced do not affect the qualification of a crime, however, it is taken into account by the court when imposing punishment under the sanction of art. 206 of the Criminal Code of the Republic of Kazakhstan. To qualify an act under Article 206 of the Criminal Code of the Republic of Kazakhstan, it is necessary to establish that counterfeit money or securities have significant similarities with genuine banknotes or securities in shape, color, size and other basic details. The production of counterfeit money or securities must be carried out for the purpose of sale, and only in this case it is recognized as a criminal offense.
If a person has failed to achieve an external resemblance of a counterfeit to a genuine banknote, which would make it possible to easily sell them without resorting to fraudulent methods, then his actions constitute an attempt on this crime and are qualified under Part 3 of Article 24 of the Criminal Code and Part 1 of Article 206 of the Criminal Code.
The manufacture and sale of banknotes and securities that are not in circulation (for example, royal gold chervonets or former Soviet money that were abolished by monetary reforms) and have only collectible value do not constitute a crime in question, but should, if there are grounds for it, qualify as fraud under Article 177 of the Criminal Code of the Republic of Kazakhstan.
A crime in the form of manufacture is considered completed from the moment of manufacture of at least one counterfeit copy for the purpose of sale, i.e. from the moment it was given all the necessary details and external signs of a banknote, regardless of whether it was possible to sell a counterfeit.
Storage should be understood as any deliberate actions related to the presence of counterfeit money or securities in the possession of the perpetrator (with himself, indoors, in a hiding place, etc.). The duration of storage does not affect the qualification. Storage is considered a completed crime from the moment the specified items are in the possession of the perpetrator.
Sale involves the use of counterfeit money or securities in circulation by paying for purchased goods, services, barter, gift, exchange, loan, pledge or deposit, presentation of a check or bond for payment.
In a Regulatory Resolution dated June 18, 2004, the Supreme Court of the Republic of Kazakhstan, in paragraph 13, notes that the sale of counterfeit money or securities consists in using them as a means of payment for goods and services, as well as in exchange, donation, loan, repayment of debt, sale, or other form of inclusion in the civil code. turnover. If the sale of knowingly counterfeit money or securities is committed with the aim of using them as a means of deception in the illegal acquisition of other people's property, such actions should be classified in combination with Articles 177 and 206 of the Criminal Code of the Republic of Kazakhstan. The use of souvenirs, medallions, postcards, art, photographic images, printing and other products made in the form of banknotes or securities specified in art. 206 of the Criminal Code of the Republic of Kazakhstan as a means of deception in the illegal acquisition of other people's property should be qualified as fraud under art. 177 of the Criminal Code of the Republic of Kazakhstan.
The acquisition of knowingly counterfeit money or securities for the purpose of their subsequent sale as genuine should be qualified under Article 206 of the Criminal Code of the Republic of Kazakhstan as storage for the purpose of selling these items. According to Article 206 of the Criminal Code of the Republic of Kazakhstan, not only persons who produced, stored or sold them are subject to criminal liability, but also persons who, due to a combination of circumstances, became owners of counterfeit money or securities, realizing this and, nevertheless, using them as genuine.
The sale is considered completed from the moment of transfer or acceptance by someone of at least one counterfeit banknote or security as genuine.
Since the tickets of the monetary lottery are not a government security, its forgery for the purpose of sale or illegal receipt of winnings forms part of the fraud provided for in art. 177 of the Criminal Code of the Republic of Kazakhstan. In cases where the apparent discrepancy between the counterfeit bill and the genuine one, excluding its participation in monetary circulation, indicates that the perpetrator intended to grossly deceive an unlimited number of persons, liability is imposed under art. 177 of the Criminal Code of the Republic of Kazakhstan. Cases of sale of crudely forged banknotes, when a fake can be distinguished at a glance, should also be regarded as fraud. In such cases, the perpetrator usually relies on the individual characteristics of the person who receives the counterfeit bill (the reference point here is poor eyesight, heavy alcohol or drug intoxication) or on the special circumstances of their sale at night, when it is not possible to see this bill. Fakes introduced into securities can traditionally be both material and intellectual, i.e. the security is either completely replaced or forgeries are introduced into its individual details.
Securities will be considered counterfeit if they are issued on behalf of the issuer without his knowledge, regardless of whether he issued the securities or not. Securities will not be considered counterfeit if they are issued by the issuer in the amount announced for issue in violation of the requirements of current legislation (for example, printed by a person who does not have a license from the National Commission for the production of securities forms) or printed without the mandatory attributes required for securities forms.
During the turnover of a bill of exchange, an aval forgery may be used, which is a bill of exchange order, by virtue of which the person (avalist) who committed it assumes responsibility for fulfilling the obligation by one of the persons obligated by the bill, the acceptor, the holder of the bill or the endorser.
The manufacture or storage for the purpose of sale, as well as the sale of counterfeit banknotes and coins of the National Bank of the Republic of Kazakhstan, government securities or other securities in the currency of the Republic of Kazakhstan or foreign currency or securities in foreign currency, should be recognized as committed on a large scale if the perpetrator's income from these actions amounted or could amount to a large amount, determined similarly to the procedure stipulated in the note to art.189 of the Criminal Code. If necessary, to determine the amount or damage resulting from the commission of a crime in the field of economic activity, forensic accounting and other examinations should be appointed, the conclusions of which should be evaluated in conjunction with other evidence.
The subject of the crime is a sane individual who has reached the age of 16.
On the subjective side, the crime under analysis is characterized by guilt in the form of direct intent, that is, a person is aware of the socially dangerous nature of his act, anticipates that as a result of making banknotes or securities that look similar to genuine ones, he has a real opportunity to sell them and wants to sell these counterfeit money or securities. During manufacture and storage, a constructive feature of this crime is the presence of a sales target.
The following qualifying features are provided for in Part 2 of Article 206 of the Criminal Code:
a) a group of persons by prior agreement;
b) repeatedly;
c) on a large scale.
A particularly qualified type is the commission of this act by an organized group.
These qualifying and especially qualifying signs are identical to other similar signs of economic crimes that we discussed earlier.
Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.
Date of amendment of the act: 08/02/2007 Date of adoption of the act: 08/02/2007 Place of acceptance: NO Authority that adopted the act: 180000000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 167 Status of the act: new Sphere of legal relations: 028000000000 Report form: COMM Legal force: 1900 Language of the Act: rus
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