Practice areas
Counterfeiting of money
Accepting and passing on counterfeit money without noticing it: the allegation of counterfeiting often hits people who work with cash or forward money for others. The sentencing ranges are high, which is why an early defense against a counterfeiting allegation matters.
About Counterfeiting of money
section 146 StGB
What it is about
Section 146 StGB criminalises the manufacturing, the procurement and the putting into circulation of counterfeit money. This covers not only the counterfeiting itself but also the passing on of forged banknotes. The Criminal Code also criminalises the forgery of stamps, such as postage stamps and tax stamps.
For those affected, this is often a surprise: anyone who has previously accepted a forged banknote unnoticed and later spends it can fall into an investigation. Those who handle cash transactions or forward money for others are particularly exposed.
Financial agents: when your own account becomes a problem
A related constellation is so called financial agent activity. Private individuals make their accounts available for incoming payments or forward amounts, often in good faith that they are helping someone or taking on a side job. Behind this are often groups who want to disguise fraudulent acts.
This role regularly gives rise to a suspicion of money laundering. If cash is involved, the handling of counterfeit money is also a possibility. Read more on our page on money laundering.
What we do for you
Do not make any statements to the police or public prosecutor until we know the file. The central question is almost always what you knew about the origin of the money and what you could recognise.
- Inspection of files and examination of what the allegation is actually based on
- Clarification of whether the counterfeit money was recognisable to you as such at all
- Examination of whether intentional or negligent conduct is a possibility
- Coordination with parallel proceedings for money laundering
- Examination of the legality of searches, seizures and account blocks
Arrested or questioned? Call us before you make a statement.
Frequently asked questions
I passed on a forged banknote without noticing it. Is that criminal?
The decisive factor is what you knew. Section 146 StGB requires intentional conduct. Anyone who actually did not recognise a forgery does not act intentionally in this respect. Whether this submission is sustainable depends on the individual case, such as the quality of the forgery. Do not comment on this without advice.
What happens when a bank identifies counterfeit money?
Counterfeit money is not returned by banks and authorities, but is withheld and reported. This can give rise to investigation proceedings, even against persons who received the banknote themselves in good faith.
I only made my account available. Why am I being investigated?
Anyone who allows incoming payments on their own account or forwards amounts falls into the typical role of a financial agent and thus under suspicion of money laundering. If cash is involved, the handling of counterfeit money is also a possibility. The decisive factor is what you knew and what you could recognise.
How should I behave after a summons?
As an accused person, you do not have to follow a police summons. Do not cancel the appointment yourself and do not give any explanation on the matter. We take over the communication and apply for file inspection.
This information is general in nature and does not replace advice on an individual case.
Further practice areas
Not an emergency, but in need of advice? We will discuss your case in confidence.
Request an initial consultation