Placing counterfeit money on the market
As marketing of counterfeit currency is called the Criminal Law of Germany the offense of § 147 of the Criminal Code . Functionally, it acts as a catch-all offense for counterfeiting in accordance with Section 146 (1) No. 3 StGB.
Objective fact
The requirement of the objective fact - ie "false money" and "placing on the market" - correspond to those of § 146 StGB (counterfeiting). Placing on the market is therefore actual acceptance by third parties in the context of payment transactions. However, both facts cannot be cumulative.
The applicability of the regulation is controversial if the perpetrator uses an initiate as an intermediary, i.e. the counterfeit money is only brought into circulation “as genuine” through another perpetrator of bad faith. According to the prevailing opinion, the perpetrator is punishable under § 147 StGB; Section 147 of the Criminal Code gives the perpetrator a privileged position in contrast to the actually relevant criminal liability for participation in Section 146 (1) No. 2 and 3 of the Criminal Code. A lesser opinion considers this solution to be incompatible with Art. 103 GG and results in the perpetrator being impunity.
Subjective fact
The subjective fact of § 147 StGB requires at least dolus eventualis with regard to the inauthenticity of the money, transfer of the power of disposal to another. An inferior opinion also requires dolus eventualis that the recipient erroneously assumes that the money is real.
literature
- Munich Commentary on the Criminal Code . 2nd Edition. CH Beck, Munich 2012, § 147 StGB.
Individual evidence
- ↑ Erb: StGB § 147 . In: Munich Commentary on the Criminal Code . 2nd Edition. CH Beck, Munich 2012, Rn. 3.
- ↑ Erb: StGB § 147 . In: Munich Commentary on the Criminal Code . 2nd Edition. CH Beck, Munich 2012, Rn. 5 f.
- ↑ Erb: StGB § 147 . In: Munich Commentary on the Criminal Code . 2nd Edition. CH Beck, Munich 2012, Rn. 9.
