Facts
The case concerns an individual, U., who was found guilty of manufacturing counterfeit currency (art. 240 SCC) and attempting to circulate counterfeit currency (art. 242 SCC) by the cantonal court. U. manufactured, with the help of Z., counterfeit banknotes of 500 Swiss francs with a nominal value of 972,500 Swiss francs. He also attempted to sell these counterfeit banknotes to A. and eventually sold them to B. for approximately 70,000 Swiss francs. U. was sentenced to three years in prison.
U. appealed against this decision, arguing that he did not intend to circulate the counterfeit banknotes as authentic and that he did not commit the offense of manufacturing counterfeit currency. He also claimed that the counterfeit banknotes were of poor quality and that he could not use them as authentic money.
Considerations
The Federal Court examined U.'s arguments and concluded that art. 240 SCC does not require the manufacturer of counterfeit currency to have the intention of circulating the currency as authentic himself. It is sufficient that the manufacturer knows or takes into account that the third party who receives the currency will circulate it as authentic.
The Federal Court also examined the issue of competition between manufacturing counterfeit currency and circulating counterfeit currency. It concluded that the unfinished attempt to circulate counterfeit currency must be…