OpenLegislation

Article 5 Offences related to the fraudulent use of non-corporeal non-cash payment instruments

United Kingdom

Original text. Later amendments are not shown.

Member States shall take the necessary measures to ensure that, when committed intentionally, the following conduct is punishable as a criminal offence:

  1. (a)

    the unlawful obtainment of a non-corporeal non-cash payment instrument, at least when this obtainment has involved the commission of one of the offences referred to in Articles 3 to 6 of Directive 2013/40/EU, or misappropriation of a non-corporeal non-cash payment instrument;

  2. (b)

    the fraudulent counterfeiting or falsification of a non-corporeal non-cash payment instrument;

  3. (c)

    the holding of an unlawfully obtained, counterfeit or falsified non-corporeal non-cash payment instrument for fraudulent use, at least if the unlawful origin is known at the time of the holding of the instrument;

  4. (d)

    the procurement for oneself or another, including the sale, transfer or distribution, or the making available, of an unlawfully obtained, counterfeit or falsified non-corporeal non-cash payment instrument for fraudulent use.