Legal Aspect of Counterfeiting

Legal Aspect of Counterfeiting

In our country, the legislation provisions on banknote counterfeiting are as follows:

  • The Turkish Penal Code No. 5237 and several of its articles are entitled as follows: Article 197 "Counterfeiting Money", Article 200 "Tools for Manufacturing Money and Revenue Stamps", Article 278 "Failing to Report the Crime", Article 279 "Failure of a Public Officer to Report the Crime", and Article 281 "Destruction, Concealment or Alteration of Evidence of the Crime".
  • Article 73 of the Criminal Procedure Code No. 5271, entitled "Analyses to be made on the Counterfeit Monies and Securities".
  • Article 17 of Law No. 5320 on the Enforcement and Application Procedure of the Criminal Procedure Code, entitled "Gathering Information about Counterfeiting Money".
  • Article 43/B of Law of Misdemeanors no. 5326.
  • “Regulation on Procedures and Principles for Analysis and Evaluation of Counterfeit Banknotes” promulgated by the Republic of Turkey Ministry of Justice and taking effect after being published in the Official Gazette No. 25901 dated 9/8/2005,  which forms a basis for the foundation of the “Counterfeit Banknote Monitoring System”.

 

The Turkish Penal Code No. 5237

Counterfeiting Money

ARTICLE 197. — (1) A person, who produces counterfeit money of legal tender of the country or foreign countries, or imports into the country, transports, stores, or issues it, shall be sentenced to imprisonment of two to twelve years and be subject to a judicial penalty of up to ten thousand days.

(2) Anyone, who knowingly accepts counterfeit money, shall be sentenced to imprisonment of one year to three years and be subject to a judicial penalty.

(3) A person who accepts counterfeit money, unaware that it is counterfeit, but later knowingly puts it into circulation shall be sentenced to imprisonment of three months to one year.

Tools for Manufacturing Money and Revenue Stamps

ARTICLE 200. — (1) A person who, without permission, manufactures, imports into the country, sells, transfers, buys, accepts, or stores a tool or material used in the manufacture of money and revenue stamps shall be sentenced to imprisonment of one year to four years and be subject to a judicial penalty.

Failing to Report the Crime

ARTICLE 278 – (1) A person who does not notify the related authorities of a crime being committed, shall be sentenced to imprisonment of up to one year.

(2) Anyone who does not notify the related authorities of a crime, which has been committed but the consequences of which can still be confined, shall be punished according to the provision of the paragraph above.

(3) In cases where the victim is a minor who has not completed fifteen years of age, or somebody who is physically or mentally handicapped, or someone who is not in a position to defend herself due to pregnancy, the sentence imposed according to the paragraphs above shall be increased by half.

(4) A person who may refrain from testifying shall not be subjected to a penalty. However, the provisions on penal responsibility are reserved due to the existence of crime prevention responsibility.

Failure of Public Officer to Report a Crime

ARTICLE 279. — (1) A public officer who neglects to notify or delays  informing the related authorities of a crime which entails investigation and prosecution in the name of the public, and which he/she perceives in connection with his/her duty shall be sentenced to imprisonment of six months to two years.

(2) If the crime is committed by a person who performs the duty of the judicial police, the penalty imposed according to the paragraph above shall be increased by half.

Destruction, Concealment or Alteration of Evidences of the Crime

ARTICLE 281. — (1) A person who destroys, erases, conceals, alters, or spoils the evidence of a crime with the intention of concealing the truth shall be sentenced to imprisonment of six months to five years. A person shall not be given a penalty according to the provision of this paragraph in relation to a crime which he/she commits himself/herself or participates in.

(2) In case this crime is committed by a public officer in a manner connected with his/her duty, the penalty to be imposed shall be increased by half.

(3)  In case a person submits to the court an evidence, which he/she had formerly withheld from the court, before being sentenced for the crime related to himself/herself, the penalty to be imposed on him/her due to the crime defined in this Article shall be decreased by four-fifths.

In the case of crimes of counterfeiting money, the chief public prosecutors' offices and the courts shall forward all of the confiscated counterfeit banknotes to the Head Office and Branches of the Central Bank of the Republic of Turkey requesting that the necessary analysis be made and a report be sent, pursuant to Article 73 of the Criminal Procedure Code No. 5271, entitled "Analyses to be made on the Counterfeit Monies and Securities".

 

The Criminal Procedure Code No. 5271

Analyses to be made on the Counterfeit Monies and Securities

ARTICLE 73. — (1) In the case of crimes of counterfeiting money as well as securities such as bonds and Treasury bills issued by the Government, all the confiscated monies and securities shall be examined by the central or provincial offices of the institutions that issue the originals thereof.

(2) Also, a decision shall be made for obtaining the opinions of the related Turkish authorities in the case of currencies and securities of foreign countries.

Pursuant to Article 17 of Law No. 5320 on the Enforcement and Application Procedure of the Criminal Procedure Code, entitled "Gathering Information about Counterfeiting Money", the banknotes that are confiscated for the crime of counterfeiting and the related information shall be forwarded to the Head Office and Branches of the Central Bank of the Republic of Turkey by the chief public prosecutors' offices and the courts, to be analyzed and assessed in the system  within the Bank. The content of forwarded information and the way of notification shall be determined with a regulation to be promulgated by the Ministry of Justice by obtaining the opinion of the institution that issues the originals of the monies, and of the Ministry of Interior.

 

Law No. 5320 on the Enforcement and Application Procedure of the Criminal Procedure Code

Gathering Information about Counterfeiting Money

ARTICLE 17. — (1) Forged monies that are confiscated for the crime of counterfeiting and the related information shall be forwarded by the chief public prosecutors' offices and the courts to the relevant department of the institution that issues the originals of the monies, to be analyzed and assessed in the system to be formed by the same institution. The content of forwarded information and the way of notification shall be determined with a regulation to be promulgated by the Ministry of Justice by obtaining the opinion of the institution that issues the originals of the monies, and of the Ministry of Interior.

 

Law of Misdemeanors No. 5326

"Article 43/B 

(1) In case the money is observed to be forged, which is submitted for whatever reason to the banks, financial institutions or institutions providing support services to the banks by counting and inspecting money as well as the firms allowed to make foreign exchange transactions pursuant to the legislation-which are defined in Article 3 of Law no.5411-, administrative penalty from a thousand Turkish Liras up to five thousand Turkish Liras  is imposed by the Public prosecutor to the legal entities listed in Article 278 of Law no. 5237 if the obligation of notification issued in this Article is not fulfilled. "

Regulation on Procedures and Principles for Analysis and Evaluation of Counterfeit Banknotes

Gazette No. 25901 dated 9/8/2005. It consists of 18 Articles and the original Turkish text can be accessed at  http://www.cigm.adalet.gov.tr/yonetmelikler/yonetmelikmetinleri/banknot.pdf. The titles of Articles contained in this Regulation are as follows:

ARTICLE 1. — Objective
ARTICLE 2. — Scope
ARTICLE 3. — Basis
ARTICLE 4. — Definitions
ARTICLE 5. — Getting preliminary report
ARTICLE 6. — Competent authority for analysis and evaluation
ARTICLE 7. — Authorization for analysis and evaluation
ARTICLE 8. — Procedure for the delivery of the banknotes suspected of being counterfeit
ARTICLE 9. — Establishment of the system
ARTICLE 10. — Offices to use the system
ARTICLE 11. — Training of the system user
ARTICLE 12. — Giving code numbers
ARTICLE 13. — Use of  the code number by law enforcement agencies and the Central Bank of the Republic of Turkey
ARTICLE 14. — Use of  the code number by legal authorities
ARTICLE 15. — Use of  the code number by the Central Bank of the Republic of Turkey
ARTICLE 16. — Destruction of counterfeit banknotes
ARTICLE 17. — Entering into force
ARTICLE 18. — Execution

 


CENTRAL BANK OF THE REPUBLIC OF TURKEY Head Office Anafartalar Mah. İstiklal Cad. No:10 06050 Ulus Altındağ Ankara Phone : (+90 312) 507 50 00 | Fax : (+90 312) 507 56 40