Management Measures for the People's Bank of China counterfeit currency collection and appraisal

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  1. In order to regulate currency identification and counterfeit currency collection and appraisal, protect the legitimate rights and interests of currency holders, in accordance with the "People's Republic of China Law of the People's Republic of China", "People's Republic of China Commercial Bank Law", "The Standing Committee of the National People's Congress of the National People's Congress on punishment and damage The decision of financial order crimes and the "Regulations on the Management of the Renminbi of the People's Republic of China" formulate these measures. The banking financial institutions (hereinafter referred to as financial institutions) established in the People's Republic of China for access to access to withdrawal, currency exchange, etc. Unit) Appraisal the authenticity of the currency, and apply these measures.
    . The processing process of the collection of counterfeit currency collection:
    1. In accordance with the "Measures for the Currency identification of the People's Republic of China and the collection of counterfeit currency collection, appraisal management measures" (Order No. 3 2019) "Fake currency collection vouchers".
    2. After discovering counterfeit currency on the cabinet of the business institution, more than 2 business personnel shall be collected in person in person, and the seized person shall not be able to contact the counterfeit currency. For counterfeit RMB banknotes, the word "fake currency" should be stamped in person; for counterfeit foreign currency banknotes and various fake coins, they should be sealing in a unified format in a unified format. The bags are marked with currency, vouchers, noodles, signs of Zhang (枚), crown characters (if any), seized, and reviewers. The collection institution issued the "Fake Currency Collection Voucher" to the seized person, and informed that the person who was collected had any objections to the authenticity of the currency of the collected currency, and could apply to the appraisal unit for appraisal.
    3, counterfeit currency collection shall be implemented under effective monitoring, and the surveillance record preservation period shall not be less than 3 months.
    4. There are one of the following circumstances during the collection of fake coins. The local People's Bank of China and public security organs should be reported immediately, and the superior management department of the higher level should be reported. The above and the two smaller of the two stipulated in the Local People's Bank of China and the public security organs;
    (2) using new counterfeit methods to create counterfeit currency;
    (3) obtain manufacturing, trafficking, transportation, transportation, transportation, transportation, transportation, transportation, transportation, transportation, transportation, transportation, transportation, transportation, transportation, transportation, transportation, transportation, transportation, and transportation, transportation, transportation, and transportation Holding or using fake currency clues;
    (4) those who are collected do not cooperate with the collection;
    (5) Other situations stipulated by the People's Bank of China.
    5, business institutions and vaults should be managed separately, and the fake currency collecting custody registration system is established to ensure that the accounts are in charge to ensure that the account is consistent.
    6. The counterfeit currency collected at the counter of the business institution shall be paid to the vault within five working days. If the business institution has a cash receiving relationship with the local Chinese Bank of China, it shall be handled in accordance with the supervision requirements. The treasury shall be collected to the local People's Bank of China branch every month, and shall not deal with it by itself.
    . What are the constituent elements of the crime of using fake currency?
    1. Object requirements
    The objects that are violated and used by counterfeit currency are the national monetary management system. The behavior of holding or use of forgery currency is harmful or has endangered the order of national currency circulation, and the national monetary management system has been obstructed.
    2. Objective requirements
    The crime of holding and using counterfeit currency is objective as holding and using fake currency, with a large amount of behavior.
    3, the subject of the subject
    The subject to hold and use fake coins is the general subject, that is, those who reach the age of criminal responsibility and have the ability to criminal responsibility, their acts of holding and fake currency can constituted the cost crime.
    4, subjective requirements
    The crime of holding and using counterfeit currency can only be on the subjective aspect, that is, it is clear that it is forged currency and still illegally hold and use. Currency is carried or kept, and in the event of selling goods, economic exchanges, etc., I missed the falsifying currency and I did n’t know or use it. They did not have the intention of this crime and did not constitute the crime.
    But after the mistake, it is found that the fake currency continues to hold or use it, which can still constitute the crime and according to the crime. The so -called knowledge includes not only knowing the falsification currency, that is, the currency that it holds and use is forged, and the possibility of the possibility of the fake currency, that is, the currency of the holding and use is not sure that it must be forgery. It knows that it may be forged.
    The legal basis: "Measures for the People's Bank of China currency identification and counterfeit currency collection, appraisal management measures"
    3 The currency referred to in these measures refers to RMB and foreign currency. Renminbi refers to currency issued by the People's Bank of China in accordance with the law, including banknotes and coins. Foreign currency refers to the legal currency in other countries (regions) that can be accessible and exchanged in the People's Republic of China.
    The counterfeit currency referred to in this method refers to the medium that cannot be issued by the state (region) currency authorities, imitating the appearance or physical and chemical characteristics of the currency, which is enough to make the public mistakenly identify and exercise the monetary functions.
    F counterfeit currency includes fake coins and altering coins. Forgery coins refer to fake currency made of various means of patterns, shapes, colors, etc. of imitation coins. The altering coin refers to the production of various methods such as digging, unveiling, modification, patchwork, displacement, and reprinting on the basis of real currency to change the fake coins of the original shape of the real currency.
    The lessons mentioned in these Measures refer to the act of judging the authenticity of the currency in the process of access to access to withdrawal, currency exchange and other business.
    The collection in this method refers to the behavior of financial institutions for compulsory detention to the discovered counterfeit currency through legal procedures during the process of accessing deposits and currency exchange.
    The appraisal referred to in this method refers to the application of the appraisal unit in accordance with the objection to the authenticity of the collection of fake coins. Acts for the authenticity of the collection of fake coins.
    The misinterpretation of this method refers to the behavior of financial institutions in the process of handling deposits, currency exchange and other business processes as real currency income.
    The misunderstanding of this method refers to the behavior that financial institutions pay fake currency to customers during the process of access to access to withdrawal, currency exchange and other business.

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