Forgery

Forgery Making and Using

A person is guilty of forgery if he makes a false instrument with the intent that it  be used to induce another to accept it as genuine and by reason of accepting it to do some act or make some omission to the prejudice of that person or any other person.  A person guilty of forgery is liable on conviction on indictment to fine or imprisonment for a term not exceeding 10 years or both.

An instrument is any document whether formal or informal and includes discs, soundtracks, tapes and devices by which information is recorded or stored by mechanical,electronic or other means, money or postal order, stamps, revenue stamps, license or certificate by the revenue commissioners, cheques, cheque cards, credit cards, debit cards, share certificates, entries in  births, deaths etc. registers, certificate of insurance, passport, government issued documents, public service card or ticket for admission to an event

It is an offence for a person to use an instrument which he knows or believes to be false with the intention of inducing another to accept it as genuine, and by reason of  accepting it, to do some act, to make some omission or provide some service to the prejudice of that person or any other person.  This is subject to punishment on the same basis as forgery.

It is an offence to make an instrument which the person concerned  knows or believes to be a false instrument with the intention that it should be used to induce another to accept it as a copy of a genuine instrument by a reason so for accepting to do some act or make some omission or provide some service to the prejudice of that person or another person.  This is punishable on the same basis as forgery.

It is an offence to use a copy of a false instrument on the same basis.  It is punishable on the same basis as forgery.

Custody and Control Offences

A person who has in his custody or under his control an instrument which he knows or believes to be false with the intention that it should be used to induce another to accept it as genuine to that person’s prejudice is guilty of an offence.

It is an offence for a person without lawful authority or excuse to have an instrument which he knows or believes to be a fault instrument in his custody or under his control.

A person who makes or has in his custody or control a machine, stamp, implement paper or other material which to his knowledge has been specially designed or adapted for making of an instrument with the intention that it would be used in the making of a false instrument and that the instrument would be used to induce another to accept it as genuine and by reason so accepting to do some act or make some omission or to provide some service to the prejudice of that person is guilty of an offence.

A person who without lawful authority has any such machine stamp et cetera in his custody or under his control which to his knowledge has been specifically designed or adapted for making of an instrument with the intention that it would be used for the making of a false instrument is guilty of an offence.

A machine includes any disc, tape driver or other device on or in which a program is recorded or stored by mechanical, electronic or other means being a program designed or adapted to enable an instrument to be made or assisted in being made

The offence  relating to custody is subject to a maximum of five years imprisonment.  The offences  relating to possession or control  are subject to imprisonment up to 10 years

An instrument is false, if it purports

• to have been made in the form in which it is made by a person who did do not make it in that form
• it has been made in a form  in which it is been made on the authority of a person who did not authorise it,
• if it has been made in terms in which it is made by a person who did not in fact make it in those terms or authorize it to be made in those terms,
• has  been altered in any respect by a person who did not, in fact, alter it or authorise the alteration.
• has been altered or made on a date or at a places at which or in other circumstances in which it was not in fact made or altered or to be made or
• altered by a person but that person did not in fact exist

An act or omission shall be to a person’s prejudice, if one of the following occurs

• it results in that person temporarily or permanently losing property
• is deprived of an opportunity to earn remuneration or greater remuneration
• is deprived of an opportunity to gain a financial advantages otherwise than by remuneration or

will result in another person being given an opportunity

• to earn remuneration or greater remuneration or obtain or obtain a greater financial advantage from him
•  will result in another person being given an opportunity to earn remuneration or greater remuneration from him or  gain a financial advantage from him

as the result of his or her having accepted any  false instrument as genuine or any copy of a genuine instrument in connection with his or her performance of duty.

An act which a person has an enforceable duty to do and an omission to do an act which a person is not entitled to do so, would be disregarded for the purpose of the legislation.

References to inducing a person to accept a false instruments includes reference to inducing a machine to respond to the instrument or copy as if it is a genuine instrument

False Document

A person who dishonestly with the intention of making a gain for himself or another or causing loss to another by any deception which procures the execution of a valuable security is guilty of an offence.

A person is guilty of an offence if he or she dishonestly, with the intention of making a gain for himself or another or causing loss to another, destroys, defaces, or conceals any valuable security, will or testamentary document or any original document of or belonging to or filed or deposited in any court or governmental department or office.

A valuable security means any document

• creating, transferring, surrendering, or releasing any right in or over property.
• authorising the payment of money or delivery of any property.
• evidencing the creation, transfer, surrender, or release of any such right, the payment of money or delivery of any property or the satisfaction of any obligation.

A person guilty of an offence is subject on conviction and indictment to up to 10 years imprisonment or a fine.

Counterfeiting

A person that makes a counterfeit of currency, note, or coin with the intention that he or she or another shall pass it or tender it as genuine is guilty of an offence.  The offence is punishable on indictment by a fine or  imprisonment up to 10 years.

A person who passes or tenders as genuine anything which is or which he or she knows or believes to be a counterfeit for currency, note or coin, or delivers any such thing to another person with the intention that the person or other person shall pass it or tender it as genuine is guilty of an offence.

A person who without lawful authority or excuse delivers to another anything which is  or  which he knows or believes to be a counterfeit note or coin is guilty of an offence

The first mentioned offence is subject to punishment up to 10 years.  The second mentioned offence is subject to punishment up to 5 years.

A person who has in his custody or under his control anything which he knows or believes to be a counterfeit of a currency, note or coin intending either to pass it or tender it as genuine or deliver to another with the intention that that persons or another person will pass it as genuine is guilty of an offence.

A person who without lawful authority or excuse has in his custody or under his control a thing which he knows or believes to be a counterfeit note or coin is guilty of an offence.  The first mentioned offence is subject to punishment of up to 10 years imprisonment, the second up to 5 years.

A person who has in his custody or under his control anything which he intends to use or  permit another to use for the purpose of making counterfeit currency or coin with the intention that it is passed as genuine is guilty of an offence.  A person who has without lawful authority or excuse h in his custody or under his control anything which has been specifically designed or adapted for making counterfeit or currency note is guilty of an offence.  T

The first offence is subject to punishment up to 10 years of imprisonment.  The second offence is subject to maximum imprisonment of five years.

It is an offence to import or export from a member state of the EU counterfeit note or currency.  This is subject to imprisonment up to 10 years.

Many of the above acts are if  committed outside the state are equally punishable within the state.

There are measures to detect counterfeiting applicable to credit institutions and similar bodies.  They must withdraw from circulation any notes or coins received which they know or suspect to be counterfeit and transfer them to the Central Bank.

There is a recognised code of practice making provision for the procedures applicable including standards of training for identification of counterfeit notes or procedures and protocols.  It is an offence for a financial institution to fail to comply with the legislation or to provide misleading or false information.

Credit  institutions are permitted to disclose the relevant information. If they do so in good faith they  are immunized for any breach of confidentiality or other duty owed to their customers as a result.