Act IV of 1978 on the Criminal Code GENERAL ... - Legislationline

(1) Any person who, with the purpose <strong>of</strong> utilization, falsifies a non-cash payment instrument or manufactures acounterfeit non-cash payment instrument is guilty <strong>of</strong> a misdemeanor and shall be punished by up to two years’imprisonment, community service or a fine.(2) Any person who is engaged in the forgery <strong>of</strong> a non-cash payment instrument in respect <strong>of</strong> a card issued by abusiness entity for use in paying for its goods and services shall be liable to punishment in accordance with Subsection(1).(3) Any person involved in preparing for the forgery <strong>of</strong> non-cash payment instruments is guilty <strong>of</strong> a misdemeanor andshall be punished with a fine.(1) Any person whouses a counterfeit or forged non-cash payment instrument for unlawful gain,uses a non-cash payment instrument without proper authorization,accepts payment with a counterfeit or forged non-cash payment instrument or one that is used without properauthorization,and thereby causes damage is guilty <strong>of</strong> non-cash payment instrument fraud.(2) The punishment for a misdemeanor shall be up to two years’ imprisonment, community service or a fine if thedamage caused by the non-cash payment instrument fraud is insignificant or if the amount <strong>of</strong> damage caused by thenon-cash payment instrument fraud is below the criminal value limit and it is committedas part <strong>of</strong> a criminal conspiracy,as part <strong>of</strong> a business operation.(3) The punishment for a felony shall be up to three years’ imprisonment ifthe non-cash payment instrument fraud results in major damage,the non-cash payment instrument fraud causes minor damage and was committed in the manner defined inParagraphs or <strong>of</strong> Subsection (2).(4) The punishment shall be up to five years’ imprisonment ifthe non-cash payment instrument fraud results in considerable damage,the non-cash payment instrument fraud causes major damage and is committed in the manner defined inParagraphs or <strong>of</strong> Subsection (2).(5) The punishment shall be two to eight years’ imprisonment ifthe non-cash payment instrument fraud results in particularly great damage,the non-cash payment instrument fraud causes considerable damage and is committed in the manner defined inParagraphs or <strong>of</strong> Subsection (2).(6) The punishment shall be five to ten years’ imprisonment ifthe non-cash payment instrument fraud results in particularly considerable damage,the non-cash payment instrument fraud causes particularly great damage and is committed in the manner definedin Paragraphs or <strong>of</strong> Subsection (2).(7) Any person whounlawfully obtains a non-cash payment instrument that is not his own or that is not exclusively his own fromanother person, without the consent <strong>of</strong> such person,supplies, obtains, exports or imports a forged or falsified non-cash payment instrument or a non-cash paymentinstrument that has been obtained in the manner specified in Paragraph ,if there is no other criminal act involved, is guilty <strong>of</strong> a misdemeanor and shall be punished by up to one year’simprisonment, community service or a fine.(8) A person who is engaged in a non-cash payment instrument fraud in respect <strong>of</strong> a card issued by a business entityfor use in paying for its goods and services shall be punished in accordance with Subsections (2)-(7).