Counterfeit Money and Its Surrogate in Swiss Criminal Law

Abstract

The study aims to introduce the reader to the issue of criminal law protection of money in Swiss legislation against attacks on its authenticity in the form of forgery or counterfeiting. The solutions presented in the text, used on the basis of Swiss criminal law, to some extent, can provide a reference point both for undertaking separate and detailed analyses devoted to the domestic type of counterfeit money and for formulating balanced de lege ferenda postulates. Accordingly, the article contains a dogmatic analysis of the provisions typifying counterfeit money or its surrogates in Swiss criminal law. The argument was preceded by an indication of the distinguished categories of criminal acts aimed at protecting the circulation of money and other means of payment. Moreover, reference was made to the statutory threat of punishment provided for in Swiss law and to the specific basis for the confiscation decision. It is worth noting that the Swiss legal order is not one of the most desirable lines of analysis in the Polish legal doctrine. This fact is surprising insofar as the current criminal law of Switzerland was a significant inspiration for the drafters of the Polish Criminal Code of 1932. This leads to the conclusion that a closer analysis of Swiss institutions that protect money from counterfeiting is necessary and worth attention.