What is counterfeiting of currency?
Counterfeiting of currency is a criminal offence involving the unlawful making, altering, circulation or handling of false money or other means of payment. In Polish criminal law, the key provisions are found in the Polish Criminal Code, in particular Articles 310 and 312. Article 310 covers the counterfeiting or alteration of Polish or foreign money, other means of payment and certain financial documents connected with payment obligations.
The offence is not limited to printing false banknotes or producing fake coins. It may also include altering genuine currency, introducing counterfeit money into circulation, accepting it for that purpose, storing it, transporting it, transferring it or sending it. Liability may therefore arise not only at the stage of production, but also at later stages of distribution or attempted use.
Counterfeiting of currency is treated as a serious offence because it affects trust in money, payment systems and commercial transactions. The protected interest is not only the property of a particular victim, but also the security and reliability of financial circulation. For this reason, cases of counterfeit money often involve specialised investigative methods, expert examinations, cooperation with banks and, in cross-border matters, cooperation between law enforcement authorities in different jurisdictions.
What conduct may amount to counterfeiting of currency?
In practice, counterfeiting of currency may cover several types of conduct. The most serious form is the production or alteration of money or other means of payment. This may involve creating banknotes, coins or documents specified by law that imitate genuine instruments, or modifying genuine instruments so that they appear to have a different value, origin or legal significance.
A separate practical issue is the circulation of counterfeit currency. A person who knowingly uses counterfeit money in a shop, transfers it to another person, deposits it, stores it for further distribution or transports it may be exposed to criminal liability. The decisive issue is often the person’s knowledge and intention. Accidental possession of a counterfeit banknote is not the same as deliberate circulation, but once a person becomes aware that money is counterfeit, further use of it may create legal risk.
Polish law also distinguishes situations where a person received counterfeit money as genuine and later attempts to pass it on after discovering that it is false. Such conduct is assessed differently from organised production or distribution, but it may still be punishable. The factual details are important: when the person became aware of the counterfeit nature of the money, what steps were taken afterwards and whether the money was reported to the bank, police or other competent authority.
Counterfeiting cases may overlap with other offences, including forgery, fraud, participation in an organised criminal group, money laundering or offences involving payment instruments. Where several persons are involved, criminal liability may also arise for aiding, abetting or acting as an accomplice, even if a person did not personally produce the counterfeit currency.
When should legal assistance be sought?
Legal assistance should be considered whenever a person or business is involved in a situation concerning suspected counterfeit money. This applies in particular where someone has been questioned by the police, summoned as a suspect or witness, had cash seized, received information from a bank about suspicious banknotes or is facing allegations of using or distributing counterfeit currency.
Private individuals may need support if they unknowingly received counterfeit money during a transaction and are unsure how to proceed. Businesses, especially those accepting cash payments, may require advice on internal procedures, reporting obligations, evidence preservation and communication with authorities. Retailers, currency exchange offices, transport companies and entities handling high volumes of cash may face additional operational and compliance risks.
Entrepreneurs should also seek legal advice if counterfeit currency appears in the course of business activity. The issue may affect accounting records, employee conduct, customer disputes, insurance notifications and cooperation with banks. In some cases, the response of the business in the first hours after discovery may influence both criminal and civil consequences.
A prompt consultation with a lawyer may help avoid procedural mistakes, unintended self-incrimination, loss of evidence, disputes with contractors or exposure to financial loss. It may also help determine whether the matter should be reported, how to secure documents and recordings, and how to respond to law enforcement requests.
Legal support in counterfeiting of currency cases
Support from a law firm in matters involving counterfeiting of currency may include in particular:
- legal analysis of whether the conduct may fall within the scope of counterfeiting, circulation of counterfeit currency or another offence;
- representation of suspects, accused persons, witnesses and injured parties in criminal proceedings;
- assistance during police questioning, searches, seizures and other procedural actions;
- preparation of defence strategy in cases involving alleged production, possession, transport or use of counterfeit money;
- assessment of evidence, including expert opinions, bank records, CCTV footage, correspondence and transaction documentation;
- advice for businesses on internal procedures for handling suspected counterfeit cash;
- support in reporting suspected counterfeit currency to competent authorities;
- representation in related proceedings concerning fraud, forgery, accomplice liability or financial loss.
Need legal assistance in a case involving counterfeiting of currency? Contact us.
See also
- Forgery
- Accomplice
- Indictment
- Fine