1. What is the standard of public security punishment for illegal possession of counterfeit money?
At present, the Regulations on Administrative Penalties for Public Security does not punish the illegal possession of counterfeit money. For example, illegal possession of a large number of counterfeit money violates the criminal law.
According to the Criminal Code of People's Republic of China (PRC)
Article 172 Whoever commits the crime of possessing or using counterfeit money, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
Two, the identification of the crime of illegal possession and use of counterfeit money
(a) the actor must know subjectively
Generally speaking, the perpetrator knows that it is counterfeit money and the amount is large. According to the existing evidence, if the perpetrator cannot be identified as committing other counterfeit money crimes, he shall be convicted and punished for the crime of holding counterfeit money; If there is evidence to prove that the counterfeit money it holds has constituted other counterfeit money crimes, it shall be convicted and punished for other counterfeit money crimes.
(2) Holding counterfeit money for the purpose of collection.
Is it a crime to hold counterfeit money for the purpose of simple collection? In other words, should "for the purpose of use" be regarded as the subjective element of the crime of holding counterfeit money? Generally speaking, because the criminal law does not require holding counterfeit money for the purpose of use, counterfeit money should be contraband and personal collection is prohibited. A large amount of counterfeit money collected by the perpetrator will also infringe on the public trust of the currency. Therefore, as long as he knows that it is counterfeit money and holds it in a large amount, he should be punished for the crime of holding counterfeit money, but he can be given a lighter punishment when sentencing.
(3) Identification of using counterfeit money after purchase.
According to the judicial interpretation, if the perpetrator uses counterfeit money after buying it, which constitutes a crime, he will be convicted and given a heavier punishment for the crime of buying counterfeit money, and will not be deemed as the crime of using counterfeit money; However, if the actor sells or transports counterfeit money, which constitutes a crime and uses counterfeit money at the same time, he shall be punished for several crimes.
Three, how to punish the crime of illegal possession and use of counterfeit money?
Article 172 of the Criminal Law stipulates that anyone who knowingly holds and uses counterfeit money in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
Knowingly holding and using counterfeit money, with a total denomination of more than 4,000 yuan but less than 50,000 yuan, is a "large amount"; If the total denomination is more than 50,000 yuan but less than 200,000 yuan, it is "a huge amount"; If the total denomination is more than 200,000 yuan, it is "extremely huge" and shall be convicted and punished in accordance with the provisions of Article 172 of the Criminal Law.
"Currency" refers to RMB and foreign currency that can be circulated or exchanged in the domestic market. The denomination of the currency is calculated in RMB, and other currencies are converted into RMB according to the foreign exchange quotation published by the State Administration of Foreign Exchange at the time of committing the crime.
It should be noted that those who knowingly hold and use counterfeit money with a total denomination of more than 4,000 yuan should be prosecuted.