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How to distinguish forged currency from altered currency

Updated on: 2023-06-06 16:22:04

Lawyer Answer

(1) The objective behavior is different. Counterfeiting currency is to imitate the color, pattern, shape, raw materials, etc. of the real currency to make counterfeit currency, which does not contain the elements of the real currency; Alteration of currency means processing the real currency by means of mending, uncovering, altering, and patching, so as to increase its denomination or number of pieces;
(2) The requirements for constituting a crime are different.
Counterfeit currency criminal law There is no provision for a larger amount; The alteration of currency is based on a large amount.

Legal basis

Article 170 of the Criminal Law
Whoever forges currencies shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; Whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or sentenced to confiscation of property:
（1） The ringleader of a currency counterfeiting group;
（2） Counterfeiting currencies in a particularly large amount;
（3） There are other especially serious circumstances.
Article 173
Whoever alters currencies, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 10000 yuan but not more than 100000 yuan; If the amount involved is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 20000 yuan but not more than 200000 yuan.

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Will the bail be refunded

1. If the criminal suspect does not violate any of the provisions of Article 56 of the Criminal Procedure Law during the period of obtaining a guarantor pending trial, the public security organ shall return the security deposit to the criminal suspect in full at the same time of terminating the guarantor pending trial. Article 56 stipulates that: Obligations of the person on bail: (1) Not to leave the city or county where he lives without the approval of the executing organ; （2） Arrive at the case in time when being summoned; （3） Do not interfere with the witness in any form; （4） They shall not destroy or forge evidence or collude with others. If a criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the preceding paragraph and has paid the deposit, the deposit shall be confiscated, and the criminal suspect or defendant shall be ordered to sign a statement of repentance, pay the deposit again, provide a guarantor, or be placed under residential surveillance or arrested, depending on the circumstances. If the criminal suspect or defendant does not violate the provisions of the preceding paragraph during the period of obtaining a guarantor pending trial, the deposit shall be returned at the end of the period of obtaining a guarantor pending trial. 2. If a decision is made to return the deposit, it shall be submitted to the person in charge of the public security organ at or above the county level for approval after strict examination and approval, and a Letter of Decision on Refund of Deposit shall be issued. 3. After the public security organ decides to return the security deposit of the criminal suspect, it shall notify the designated bank to return the security deposit to the criminal suspect in full and order the criminal suspect to sign or seal the Letter of Decision on the Return of Security Deposit when the criminal suspect is released from bail pending trial. Therefore, if the person on bail pending trial does not violate the relevant provisions of the law during the period of bail pending trial, the bail deposit shall be returned.

Lawyer Qin Cheng
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Sentencing for death caused by negligence

Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years.

（1） The object of this crime is the right to life of others;

（2） The objective aspects of this crime are:

1. The perpetrator has the act of causing death;

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Will the bail money be refunded

It can be returned. Security deposit for obtaining a guarantor pending trial refers to a certain amount of security deposit paid by the Ministry of Public Security for a criminal suspect who meets the conditions for obtaining a guarantor pending trial stipulated in the Criminal Procedure Law. According to the provisions of criminal procedure, if the criminal suspect does not violate the provisions during the period of obtaining a guarantor pending trial, he may, at the end of the period of obtaining a guarantor pending trial, carry the notice of termination of the guarantor pending trial or relevant legal documents to the nearest bank to collect the returned deposit.

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