RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of April 28, 1994 No. 2

About court practice on cases on production or sale of counterfeit money or securities

Due to the questions arising at courts in case of application of the legislation providing responsibility for production or sale of counterfeit money or securities, the Plenum of the Supreme Court of the Russian Federation decides:

1. Draw the attention of courts that production for the purpose of sale or sale of counterfeit money or securities acquires the increased public danger in the conditions of formation of market economy, undermining stability of domestic currency and complicating regulation of currency circulation.

2. Production with sales objective or sale of counterfeit money, government securities or other securities in currency of the Russian Federation or foreign currency or securities in foreign currency can be made only with direct intention; absence in case of production of sales objective excludes criminal liability.

3. The actus reus will form as partial counterfeit of banknotes or securities (alteration of nominal of the authentic bank note, counterfeit of number, series of the bond and other details of money and securities), and production of completely counterfeit money and securities.

In case of the solution of question of availability or absence in actions of person of the actus reus provided by Art. 186 of the Criminal Code of the Russian Federation it is necessary to establish whether banknotes, coins or securities are counterfeit and whether they have essential similarity in form, the size, color and other main details to the authentic bank notes or securities which are in circulation.

When explicit discrepancy of the false note authentic, the participation in currency circulation excluding it, and also other facts of the case testify to orientation of intention of the guilty person on rough deception of limited number of persons, such actions can be qualified as fraud.

4. Production of false bank notes or securities is completed crime if for the purpose of the subsequent sale one bank note or security is made at least irrespective of whether it was succeeded to perform sale of counterfeit.

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