NCJ Number
65038
Journal
International Criminal Police Review Issue: 331 Dated: (OCTOBER 1979) Pages: 214-217
Date Published
1979
Length
4 pages
Annotation
A SWISS MAGISTRATE DESCRIBES RECENT PROBLEMS IN THE RECOINING OF ANTIQUE COINS AND SUGGESTS SOME PROTECTIVE MEASURES INCLUDING THE MODIFICATION OF COIN COPIES AND PENAL PROSECUTION.
Abstract
THE NEW PHENOMENON OF RECOINING AUTHORIZED BY FEDERAL AUTHORITIES IN FRANCE AND SWITZERLAND, IS DESCRIBED. ONLY TWO TINY HALLMARKS DIFFERENTIATE THE IMITATION COINS FROM THE ORIGINALS WHICH, IN FRANCE, WERE SOLD BY PRIVATE COMPANIES TO THE PUBLIC. SUCH HALLMARKS WERE REMOVED, HOWEVER, BY FORGERS SO THAT THE COINS, WHICH THEN RESEMBLED THE ORIGINALS, COULD BE SOLD FOR A HIGH PRICE ON THE GENUINE MARKET. DISCUSSION FOCUSES ON THE SWISS PENAL CODE DEFINITION OF COUNTERFEITING--THE COUNTERFEIT HAS TO HAVE BEEN MANUFACTURED WITH A VIEW TO DECEIVING OTHERS AS PART OF BUSINESS DEALINGS--AS WELL AS EVIDENCE NEEDED TO ESTABLISH WHETHER OR NOT AN ACT PUNISHABLE BY LAW WAS COMMITTED. AUTHORIZATIONS REQUIRED FOR COINING ARE ALSO EXPLAINED AND THE USE OF SUCH AUTHORIZATION TO CLAIM PERMISSION TO VIOLATE ARTICLE 153 OF THE SWISS PENAL CODE IS EXAMINED. SUGGESTIONS TO REMEDY THE SITUATION INCLUDE THE ALTERATION OF COPIES TO REDUCE THE RISK OF CONFUSION WITH THE ORIGINALS, PROSECUTION ON THE BASIS OF FEDERAL LAWS FORBIDDING REPRODUCTION OF PUBLIC CRESTS FOR COMMERCIAL PURPOSES, AND AUTHORIZATION OF PRE-1848 CANTONAL COIN COPIES FROM THE CANTONS RATHER THAN THE FEDERAL STATE. ADDITIONAL MEASURES, SUCH AS RESEARCH ON THE SCALE AND FREQUENCY OF FRAUDS, PROSECUTION FOR DIRECT FRAUDS, POSSIBLE ADDITIONAL LAWS TO PROTECT THE PUBLIC IN OTHER EUROPEAN COUNTRIES, AND THE CIRCULATION OF DETAILED LISTS OF KNOWN COPIES AND COUNTERFEITS, ARE RECOMMENDED. FOOTNOTES ARE GIVEN. (AOP)