The Regulation of Counterfeiting Money in the German Criminal Code

The crime of counterfeiting is probably as old as the use of money. The right to coinage and to issue money has always belonged to the privileges of the monarch and the state. Its risky nature lies in the fact that it affects the trust and confidence towards state-issued money. Franz von Liszt stated that counterfeiting is a mixed crime which breaches two legal objects: on one hand the individuals’ interest of property, and on the other hand it attacks the security of cash-flow. The purpose of this paper is to compare the statutory provisions of the Hungarian and German Criminal Code, the legal practice, and criminal statistics of both countries. With the comparative law approach, we can learn from the German criminal legal system and give proposals for the Hungarian regulation and court practice. The first part of the study deals with a brief legal history of counterfeiting money. The second and main part of the study analyzes the in-force regulations of the German Criminal Code regarding counterfeiting money. The contribution has a comparative law approach. The third and last part of the study deals with the criminal statistics and the conclusions.