Activities of Axel VOSS related to 2013/0023(COD)
Legal basis opinions (0)
Amendments (6)
Amendment 18 #
Proposal for a directive
Recital 16
Recital 16
(16) Therefore, Member States should provide for certain minimum types and levels of sanctions. The concept of minimum penalties is currently provided for in a majority of Member States. It is consistent and appropriate to adopt this approach at Union level. However, national practices should first be comprehensively scrutinised so as to adapt future legislative proposals to this existing framework. Given the currently substantial disparities between sentencing and enforcement procedures, the danger exists that the introduction of minimum penalties for counterfeiting the euro and other currencies might lead to lack of uniformity regarding minimum penalties within one and the same national legal system.
Amendment 19 #
Proposal for a directive
Recital 17
Recital 17
(17) The levels of the sanctions should be effective and dissuasive but should not go beyond what is proportionate to the offences. The penalty for natural persons in serious cases, that is to say, for the main offences of production and distribution of counterfeit currency involving a large amount of counterfeit notes and coins or involving particularly serious circumstances, should therefore be a minimum penalty of at least six months and a maximum penalty of at least eight years of imprisonment.
Amendment 26 #
Proposal for a directive
Recital 18
Recital 18
(18) The minimum penalty of six months helps to ensure that eEqual priority ishould be given by law- enforcement and judicial authorities to the offences of counterfeiting of the euro and other currencies and, in turn, facilitates cross-border cooperation. It contributes to mitigating the risk of forum-shopping. Moreover, it allows that sentenced perpetrators can be surrendered with the help of a European Arrest Warrant so that the custodial sentence or detention order can be executed.
Amendment 31 #
Proposal for a directive
Recital 19
Recital 19
(19) Member States should have the possibility to impose a short term of imprisonment or to refrain from imprisonment in cases where the total nominal value of the counterfeited notes and coins is not significant or does not involve particularly serious circumstances. That value should be below EUR 5 000, that is to say ten times the highest denomination of the euro, for cases calling for a penalty other than imprisonment, and below EUR 10 000 for cases calling for imprisonment for a shorter term than six months.
Amendment 45 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 48 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4