Counterfeiting of Euro (penal aspects) Ministry of Interior General Police Directorate Criminal Police Directorate

Transcription

1 Counterfeiting of Euro (penal aspects) Ministry of Interior General Police Directorate Criminal Police Directorate

2 Overview of the legislation National legislation Constitution Criminal Code Criminal Procedure Code Law on Responsibility of Legal Persons for Criminal Offences Law on the National Bank of Serbia Law on Police Law on Organization and Competencies of State Authorities in Suppression of Organized Crime, Corruption and Serious Criminal Offences Mandatory Instruction on Policing

3 Overview of the legislation International legislation International convention for the suppression of counterfeiting currency (Geneva, 20 April 1929) UN Convention on Transnational Organized Crime (Palermo, December 2000)

4 Institutional Framework Ministry of Interior Public Prosecutor s Office, Courts National Bank of Serbia Inter-institutional cooperation based on the Agreement on cooperation between the MoI and NBS in handling money suspected to be counterfeited, as follows: Organizational units of the MoI submit to the NBS banknote(s) suspected to be counterfeited for the purpose of further expertise; National Bank of Serbia submits to the MoI reports on expertise of submitted banknote(s) suspected to be counterfeited; In the case where banknote(s) was not submitted to the NBS by the MoI but a bank based in Serbia, MoI shall anyway obtain each report on expertise of banknote if verified that it is counterfeited banknote. Beside territorially competent unit of the MoI, report shall be submitted also to its central unit in charge of counterfeits issues; Agreement defines procedure of acting in urgent cases (as well as on non-working days).

5 MoI units tasked with fight against money counterfeiting (national level) МoI General Police Directorate Org.Crime Service Criminal Police Directorate Crime Suppr.Service 27 police administrations Directorate for International Operational Police Co-operation Interpol Europol SELEC

6 Flow of banknotes suspected to be counterfeited Exchange office Citizens Clients Operational activities Citizens MoI Deposit BUSINESS BANKS banknotes processing within the bank Ministry of Interior (MoI) Criminal Police Directorate 27 regional administrations and Service for Combating Organized Crime JUDICIAL AUTHORITIES Public Prosecutor s Office Courts NATIONAL BANK of SERBIA Banknote(s) processing in its field offices and expert analysis in Department for National Centers for Fight Against and Analysis of Banknote(s) Report on expert analysis COUNTERFEIT verified Report submitted: - Ministry of Interior National Interpol office - Ministry of interior regional police administrations - Business bank (insurance, client) Report on expert analysis ORIGINAL verified Submitted to banks by mail or personally (report and subject banknote(s)) 6

7 Flow of banknotes suspected to be counterfeited (cont.) Reception of suspicious banknote(s) Clients of business banks Citizens Business banks Field offices of NBS Receipt in NBS/ Cash Sector MoI Judicial authorities Exchange offices Payment and processing Request submitted Department of National Centers for Fight against and Analysis of Banknotes and Coins Processing of suspicious banknotes Reports Report submitted to requesting party RSD Classification New type Known type ORIGINAL Foreign currency Refund and payments Account of the business bank MoI MoI NBS field offices COUNTERFEIT Report submitted Notifications about counterfeits of quality 4 and 5 goes to banks and exchange offices Sent analysis requesting party, MoI, Interpol Business bank Stored in the vault 7

8 MoI activities national level Crime Suppression Service obtains data from the NBS related to banknotes counterfeits (denomination, amount, technical features of counterfeits) Data stored in MoI database Coordinates work of 27 police administrations in cases of money counterfeiting Works with Service for Combating Organized Crime when cases have elements of organized crime

9 MoI activites international level Directorate for international operational police co-operation, particularly its Department for co-operation with Europol, exchanges data on counterfeits at international level Disseminates data to national units Special form of co-operation with Europol: monthly reports on counterfeited banknotes (these reports also submitted to the NBS)

10 Council Framework Decision 2000/383/JHA National legislation Art. 1. (b) Article 112, par. 23. of the Criminal Code of the Republic of Serbia partially harmonized: does not specifically mention euro as currency, but pertains to it as well to all currencies (domestic and foreign) Art. 1. (c) Law on Responsibility of Legal Persons: art. 5. Art. 3. Art. 6. Articles 223. and 227. of the Criminal Code of the Republic of Serbia Art. 8. Law on Responsibility of Legal Persons: art. 6. and 7. Art. 9. Law on Responsibility of Legal Persons: art

11 Council Framework Decision 2001/887/JHA National legislation Art. 2. Law on National Bank of Serbia, art. 58. Art. 3. and 4. Agreement on co-operation between the MoI and NBS in handling money suspected to be counterfeited

12 Administrative Capacities for Implementation of Regulations - MoI Service for Combating Organized Crime Department for Suppression of Organized Financial Crime: 28 persons systematized and all 28 deployed (6 persons) Service for Suppression of Crime covers units within 27 Police Administrations: 720 persons systematized and 591 deployed.

13 Administrative Capacities for Implementation of Regulations - PPO Public Prosecutor s Office and MoI participated in several events organized by OLAF (ex. Conference in Berlin, November 2012; meeting in OLAF on , etc.); Pericles Programme

14 Plans for further harmonization Legislative harmonization with the Council framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro, as well with Council Framework Decision 2001/888/JHA of 6 December 2001 amending Framework Decision 2000/383/JHA on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (short-term and mid-term priorities).

15 Plans for further harmonization Establishment of NAC, CNAC (mid-term priority) Harmonization with the Directive COM 2013/42, aimed at strengthening of euro protection and fight agaisnt its counterfeiting by national penal codes, based on the Lisbon Treaty (to amend FD 2000/383/JHA, based on Geneve Convention from 1929) (long-term priority)

16 THANK YOU FOR YOUR ATTETION! Questions?