Актуализираната наказателноправна уредба на ЕС за противодействие срещу фалшифицирането на платежни средства
The EU Updated Criminal Law Regulation for Counteraction against the Counterfeiting of Means of Payment

Summary/Abstract: The criminal law regulation of the European Union for counteraction against the counterfeiting of means of payment was updated through Directive 2014/62/ЕU of the European Parliament and the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA. This actualisation cannot be assessed unambiguously.On the one hand, support should be given to the Directive regulating clear standards on more detailed differentiation of criminal liability for the crimes under consideration. However, on the other hand, the Directive deepens the existing problems and even adds new ones, this being due to the limitation of its effect to part of the Member States only (the United Kingdom and Denmark) and to the restrictedness of its subject of regulation (it only concerns the counterfeiting of those means of payment which are currencies and does not concern the counterfeiting of means of payment that are not currencies). As for the latter direction, the EU basic regulatory act continues to be the Council Framework Decision of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment. The national criminal legislation of Bulgaria meets the EU standards in the field in view. No harmonization of this legislation is necessitated on the basis of Directive 2014/62/ЕU, either. The provisions regarding crimes against the monetary and credit system contain sanctions that are even more severe compared to the obligatory minimum levels at which they must be determined under the new regulation. On the grounds of the achievements of our Penal Code, Bulgaria has every reason to be an initiator and an active participant in the process of enhancing and increasing the efficiency of the EU legislation for counteraction against the counterfeiting of means of payment.

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