Page 836 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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824
Uluslararası Adli İşbirliği
46A- False monetary instruments
(1) A person who counterfeits or falsifies a specified monetary instrument with the intention
that it be uttered as genuine is guilty of an offence.
(2) A person who has in his custody or under his control, without lawful authority or excuse—
(a) anything which is, and which he knows or believes to be, a counterfeited or falsified
specified monetary instrument; or
(b) any machine, implement or computer programme, or any paper or other material,
which to his knowledge is specially designed or adapted for the making of a specified monetary
instrument, is guilty of an offence.
(3) For the purposes of subsections (1) and (2)(a) above, it is immaterial that the specified mo-
netary instrument (or purported specified monetary instrument) is not in a fit state to be uttered
or that the counterfeiting or falsifying of it has not been finished or perfected.
(4) A person guilty of an offence under this section is liable on summary conviction—
(a) to a fine not exceeding the statutory maximum;
(b) to imprisonment for a term not exceeding six months; or
(c) both to a fine and to such imprisonment.
(5) A person guilty of an offence—
(a) under subsection (1) above is liable on conviction on indictment—
(i) to a fine;
(ii) to imprisonment for a term not exceeding ten years; or
(iii) both to a fine and to such imprisonment;
(b) under subsection (2) above is liable on conviction on indictment—
(i) to a fine;
(ii) if it is proved that the offence was committed with the intention that the speci-
fied monetary instrument in question be uttered (or as the case may be that a specified monetary
instrument be uttered), to imprisonment for a term not exceeding ten years and if it is not so
proved, to imprisonment for a term not exceeding two years; or
(iii) both to a fine and to imprisonment for a term not exceeding ten years, if it is
proved as mentioned in sub paragraph (ii) above, or both to a fine and to imprisonment for a term
not exceeding two years if it is not so proved.
(6) Where an offence under this section which has been committed—
(a) by a body corporate is proved to have been committed with the consent or conni-
vance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other