The difference between the crime of currency alteration, the concept of the crime of currency altera

The maximum penalty for currency counterfeiting is not more than 10 years, while the maximum penalty for currency counterfeiting is the death penalty, so it is important to distinguish between the two crimes. The points of difference are:

1) "Falsification" refers to the processing of the original currency to make it falsely increase its value, while "counterfeiting" refers to the creation of non-monetary substances into currency.

2) The altered currency, which has the original currency component; Counterfeit ones do not, or change their form entirely, such as melting down real metal coins to mint them into a larger face value;

3) Counterfeiting of counterfeit currency generally requires the cost of the original currency, and the quantity is not very large, while counterfeiting can be carried out in large quantities and is more harmful, so the punishment is different.

Although the crime of counterfeiting currency and the crime of altering currency are both criminal acts committed against currency, there are obvious differences in the constitutive conditions, social harmfulness and punishment of the two.

1 Constitutive conditions for the crime of counterfeiting currency:

1) The perpetrator subjectively has the intent to commit a crime, that is, he knowingly acts;

2) The perpetrator objectively committed the act of counterfeiting currency. "Counterfeit currency" refers to the act of illegally making non-monetary substances into counterfeit currency and passing them off as currency by using various production methods such as printing, photocopying, depiction, rubbing, etc., in imitation of the patterns, colors, shapes, etc., of renminbi or foreign currency. For the purposes of this article, "currency" includes RMB and foreign currencies.

Foreign currency refers to the currency that is in circulation abroad, including the currency of Hong Kong, Macao and Taiwan, as well as foreign currencies that can be exchanged in China, such as the US dollar, British pound, mark, etc., and foreign currencies that are not yet convertible in China, such as the ruble. According to the provisions of the Criminal Law, the perpetrator commits a crime as long as he commits the act of counterfeiting currency, and the purpose of the perpetrator and the method used do not affect the composition of the crime.

2 Constitutive conditions for the crime of currency alteration:

1) The perpetrator has subjective criminal intent, that is, he has the purpose of changing currency to make illegal profits. If the perpetrator does not have the purpose of making illegal profits, cutting and pasting or altering the currency does not constitute a crime.

2) The perpetrator must have the act of altering the currency. "Alteration of currency" refers to the act of changing the quantity, form, or face value of the original currency on the basis of real currency or using real currency as the basic material, through processing such as digging, splicing, altering, and unlayering. Regardless of the method in which the perpetrator alters the currency, it does not affect the establishment of the crime.

Altered currency is processed on the basis of real currency, so the altered currency has the components of the original currency to some extent, such as the paper, metal security thread, ink, etc. of the original currency. Counterfeit currency, on the other hand, is the counterfeiting of some non-monetary substances into currency after processing, and counterfeit currency does not have the element of currency. This is the biggest difference between counterfeiting currency and altering currency.

3) The perpetrator's alteration of currency must reach a "relatively large amount" in order to constitute a crime, which is an important boundary between crime and non-crime.

The crime of altering currency refers to the act of processing and transforming real currency in various ways, so that it can be changed into currency with different face values and quantities, and the amount is relatively large. The constitutive elements of the crime of currency alteration are: The object of the crime is the monetary and financial management system of the state.

1. Objectively, it is manifested as the behavior of using methods such as cutting, digging, mending, unlayering, altering, shifting, reprinting or other methods to change the true form and value of the currency on the basis of real money, and the amount is relatively large. 2. The subject of the crime is an ordinary subject. The subjective aspect is constituted by intent and generally has the purpose of making illegal profits.

In practice, if someone digs up, alters, or appreciates the value of currency in order to show his special skills, painting skills, etc., instead of using it in the market for illegal profit, this crime cannot be constituted. 3. In accordance with the provisions of the law, in addition to meeting the above constituent elements, the act of altering currency must also reach a "relatively large amount" to constitute a crime. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Counterfeit Currency and Other Cases (hereinafter referred to as the "Interpretation" by Fan Xiangwu), "if the total denomination of the altered currency is more than 2,000 yuan and the banquet is less than 30,000 yuan, it is a 'relatively large amount.'"

Where the number of coins altered by the perpetrator reaches hundreds or more, but the denomination does not reach 2,000 RMB, a decision may be made on the basis of the specific circumstances of the case whether to pursue the perpetrator's criminal responsibility.

The constitutive conditions for the crime of altering brother's currency: 1. The subject of the crime is a natural person who has reached the age of 16; 2. The subjective aspect is that there is envy and only intentionality; 3. Objectively carrying out the act of altering currency and the amount is relatively large; 4. The object is a violation of the country's monetary management system.

[Legal basis].

Article 14 of the Criminal Law of the People's Republic of China: Intentional crimes are committed when one clearly knows that one's conduct will have a result that endangers society, and hopes or allows such a result to occur, thus constituting a crime. Those who commit intentional crimes shall bear criminal responsibility. Article 173:Where currency is altered and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine of between 10,000 and 100,000 RMB; where the amount involved is huge, the sentence is between three and ten years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB.

The crime of altering currency refers to the use of methods such as digging and patching, cutting and pasting, unlayering, patchwork, or altering of genuine currency to change the true shape, pattern, face value, or number of tickets, or to change the face value of the coupons, or to increase the number of coupons, or to increase the number of tickets, or the amount is relatively large. According to the provisions of article 173 of the "Criminal Auction and Pickpocketing Law", whoever alters currency and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine of not less than 10,000 yuan but not more than 10,000 yuan; where the amount involved is huge, the sentence is between three and ten years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB.

Legal Analysis: The crime of currency alteration is constituted from several elements of lack of nervousness:

1) Subject matter elements.

The object of the offence is the system of national monetary management.

2) Objective elements.

This crime is objectively manifested in the commission of an act of subduing and corrupting the creation of currency and a relatively large amount of money.

3) Subject Elements.

The subject of this crime is a general subject, that is, any person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime by altering currency.

4) Subjective elements.

The offence is intentional in the subjective aspect and has the intent to bring the altered currency into circulation in order to obtain an illicit benefit.

Legal basis: Article 173 of the Criminal Law of the People's Republic of China Where currency is altered and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine of between 10,000 and 100,000 RMB; where the amount involved is huge, the sentence is between three and ten years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB.

1. How is the crime of currency alteration constituted?

1. The crime of currency alteration is constituted from the following elements:

1) Subject matter elements. The object of the violation is the national monetary management system;

2) Objective elements. Objectively, it is manifested as the implementation of the act of changing the currency, and the amount is relatively large;

3) Main elements. The subject of the law is a general subject, that is, any person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute the crime of currency alteration;

4) Subjective elements. On the subjective side.

2. Legal basis: Article 173 of the Criminal Law of the People's Republic of China.

Crime of Altering Currency] Where the amount is relatively large, the sentence of Lu Burial is up to three years imprisonment or short-term detention, and/or a fine of between 10,000 and 100,000 RMB; where the amount involved is huge, the sentence is between three and ten years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB.

II. What are the sentencing standards for the crime of currency alteration?

The sentencing standards for the crime of currency alteration are as follows:

1. Where the total denomination of the altered currency is more than 2,000 yuan but less than 30,000 yuan, the amount is relatively large; A sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine of between 10,000 and 100,000 RMB.

2. Where the total denomination of altered currency is 30,000 yuan or more, the amount is huge, and a sentence of between 3 and 10 years imprisonment and a concurrent fine of not less than 20,000 yuan but not more than 200,000 yuan is to be given.

Legal Analysis: The constitutive elements of the crime of currency alteration are:

1.The subject of the crime is a general subject.

2.The object of the violation is the national monetary management system;

3.In the objective aspect, it is manifested as the act of changing the currency and the amount of money.

4.Subjectively manifested as intentional.

Legal basis: Criminal Law of the People's Republic of China

Article 3: Blind banquets that the law clearly provides for are criminal conduct lacking trembling, and are to be convicted and sentenced in accordance with law; Where the law does not expressly provide for criminal conduct, it must not be convicted and punished.

Article 173:Where currency is altered and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine of between 10,000 and 100,000 RMB; where the amount involved is huge, the sentence is between three and ten years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB.