The Penal Code

Part II. Criminal acts

Chapter 29. Protection of confidence in currency and certain documents

Section 361.Document forgery

A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who

a.	forges or falsifies a document, or acquires a forged or falsified document with intent to use it or let it appear genuine and unfalsified,

b.	illegally makes use of a document as specified in a) and lets it appear genuine and unfalsified, or

c.	issues a document and falsely attributes to himself/herself a position that is of significant importance for the evidential value of the document, and lets the document appear correct.

A «document» in this chapter means an information carrier relating to a legal matter or which is suitable as evidence for a legal matter.

Section 362.Minor document forgery

When the punishability of the act is minor, document forgery is subject to a penalty of a fine. In making this determination, particular weight shall be given to

a.	the value involved,

b.	whether it led to harm or inconvenience for any person,

c.	to what extent it was the result of planning.

Section 363.Destruction of a document, etc.

A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who illicitly destroys or suppresses a document or part of it.

Section 364.Removal of a border marker, etc.

A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any person who illicitly

a.	removes, moves or destroys a border marker or a boundary marker of real property or land rights, or

b.	sets up a false marker of such type.

Section 365.False statement intended for use as evidence

A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who

a.	in a document issued as part of public administration activities, in the administration of justice or in a health certificate provides a false statement intended for use as evidence,

b.	uses such a statement as if it were correct, or

c.	intentionally or through gross negligence issues a false document which may serve as evidence to obtain advantages related to taxation or duties.

The right to institute criminal proceedings or make a conviction pursuant to the first paragraph c) shall lapse after 10 years.

Section 366.Abuse of proof of identity

A penalty of a fine or imprisonment for a term not exceeding six months shall be applied to any person who supplies another person with a certificate, passport or similar proof of identity issued to him, even though he/she knows or ought to realize that it will be used unlawfully.

Section 367.Currency counterfeiting

A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who falsifies or forges currency or imports, acquires or receives such currency with intent to circulate it.

The same penalty applies to any person who circulates falsified or forged currency as genuine or unfalsified. Any person who negligently contributes to such circulation, shall be subject to a fine or imprisonment for a term not exceeding one year.

Section 368.Aggravated currency counterfeiting

Aggravated currency counterfeiting is punishable by a fine or imprisonment for a term not exceeding 10 years. In determining whether the currency counterfeiting is aggravated, particular weight shall be given to whether it involved a considerable sum, and whether it was systematically executed.

Section 369.Preparation for currency counterfeiting

A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who in preparation for currency counterfeiting produces or acquires equipment and other things intended for the falsification of currency.

Section 370.Preparation for document forgery

Any person who in preparation for document forgery makes, acquires, imports, exports, supplies, possesses or stores a false seal, stamp or mark or other objects which appear to be destined for use in forgery or falsification, or for such a purpose appropriates a genuine seal, stamp or mark, shall be subject to a fine or imprisonment for a term not exceeding three years.