10 Amendments of Tanja FAJON related to 2013/0023(COD)
Amendment 14 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) With regard to the criminal offences foreseen in this Directive, intention must apply to all the elements constituting the offences referred to in this Directive. The intentional nature of an act or omission may be inferred from objective, factual circumstances. Offences by natural persons which do not require intention are not covered by this Directive.
Amendment 22 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The establishment of minimum sanctions is intended to ensure consistency and effective deterrence across all EU Member States. It is also intended to discourage criminals from "forum shopping" - choosing to locate in the Member States with the lowest level of sanctions. Such minimum sanctions should not, however, in any way interfere with the prerogative of Member States' courts and judges to apply their discretion in an individual case when determining the appropriate sanction based on the circumstances of that case.
Amendment 25 #
Proposal for a directive
Recital 18
Recital 18
(18) The minimum penalty of six months helps to ensure that equal priority is given by law-enforcement and judicial authorities to the offences of counterfeiting of the euro and other currencies and, in turn, facilitates cross-border cooperation. It contributes to mitigating the risk of forum-shopping. Moreover, it allows that sentenced perpetrators can be surrendered with the help of a European Arrest Warrant so that the custodial sentence or detention order can be executed.
Amendment 27 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) The minimum sanction of six months ensures that a European Arrest Warrant can be issued and executed for the offences listed in Article 2 of the Framework Decision on the European Arrest Warrant, thus ensuring that judicial and law enforcement cooperation will be as efficient as possible. More severe sanction levels should be imposed for cases when the offence was committed within a criminal organisation in the sense of Council Framework Decision 2008/841/JHA.
Amendment 29 #
Proposal for a directive
Recital 19
Recital 19
Amendment 39 #
Proposal for a directive
Article 3 – paragraph 1 – point d – point ii
Article 3 – paragraph 1 – point d – point ii
(ii) holograms, watermarks or other components of currency which serve to protect against counterfeiting.
Amendment 42 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 46 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Offences referred to in points (a), (b) and (c) of Article 3(1) involving notes and coins of a total nominal value of at least EUR 5 000r potential nominal value of at least EUR 5 000 or the equivalent amount in the currency of the relevant counterfeited notes or coins, shall be punishable by imprisonment with a maximum penalty of at least eight years.
Amendment 50 #
Proposal for a directive
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. Offences referred to in points (a), (b) and (c) of Article 3(1) involving notes and coins of a total nominal value of at least EUR 10 000r potential nominal value of at least EUR 10 000 or the equivalent mount in the currency of the relevant counterfeited notes or coins, or involving particularly serious circumstances shall be punishable by
Amendment 57 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. If the necessary samples of suspected counterfeit notes and coins cannot be transmitted because it is necessary to retain them as evidence in criminal proceedings in order to guarantee a fair and effective trial and the right of defence of the suspected perpetrator, the National Analysis Centre and Coin National Analysis Centre shall be given access to them without delay. Immediately after the proceedings have concluded, the judicial authorities shall transmit these necessary samples of each type of suspected counterfeit note to the National Analysis Centre and each type of suspected counterfeit coin to the Coin National Analysis Centre.