Criminal Justice (Theft and Fraud Offences) Act, 2001

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Number 50 of 2001


CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT, 2001


ARRANGEMENT OF SECTIONS

PART 1

Preliminary

Section

1.

Short title and commencement.

2.

Interpretation (general).

3.

Repeals, etc.

PART 2

Theft and Related Offences

4.

Theft.

5.

Exceptions to theft.

6.

Making gain or causing loss by deception.

7.

Obtaining services by deception.

8.

Making off without payment.

9.

Unlawful use of computer.

10.

False accounting.

11.

Suppression, etc., of documents.

12.

Burglary.

13.

Aggravated burglary.

14.

Robbery.

15.

Possession of certain articles.

PART 3

Handling, ETC. Stolen Property and other Proceeds OF Crime

16.

Interpretation (Part 3).

17.

Handling stolen property.

18.

Possession of stolen property.

19.

Withholding information regarding stolen property.

20.

Scope of offences relating to stolen property.

21.

Amendment of section 31 of Criminal Justice Act, 1994.

22.

Amendment of section 56A of Criminal Justice Act, 1994.

23.

Amendment of Criminal Justice Act, 1994.

PART 4

Forgery

24.

Interpretation (Part 4).

25.

Forgery.

26.

Using false instrument.

27.

Copying false instrument.

28.

Using copy of false instrument.

29.

Custody or control of certain false instruments, etc.

30.

Meaning of “false” and “making”.

31.

Meaning of “prejudice” and “induce”.

PART 5

Counterfeiting

32.

Interpretation (Part 5).

33.

Counterfeiting currency notes and coins.

34.

Passing, etc. counterfeit currency notes or coins.

35.

Custody or control of counterfeit currency notes and coins.

36.

Materials and implements for counterfeiting.

37.

Import and export of counterfeits.

38.

Certain offences committed outside the State.

39.

Measures to detect counterfeiting.

PART 6

Convention on Protection of European Communities' Financial Interests

40.

Interpretation (Part 6).

41.

Convention and Protocols to have force of law.

42.

Fraud affecting European Communities' financial interests.

43.

Active corruption.

44.

Passive corruption.

45.

Extra-territorial jurisdiction in case of certain offences.

46.

Restriction on certain proceedings.

47.

Extradition for revenue offences.

PART 7

Investigation of Offences

48.

Search warrants.

49.

Obstruction of Garda acting on warrant.

50.

Forfeiture of seized property.

51.

Concealing facts disclosed by documents.

52.

Order to produce evidential material.

PART 8

Trial of Offences

53.

Summary trial of indictable offences.

54.

Trial procedure.

55.

Alternative verdicts.

56.

Orders for restitution.

57.

Provision of information to juries.

PART 9

Miscellaneous

58.

Liability for offences by bodies corporate and unincorporated.

59.

Reporting of offences.

60.

Evidence in proceedings.

61.

Jurisdiction of District Court in certain proceedings.

62.

Amendment of section 9 of Married Women's Status Act, 1957.

63.

Amendment of Defence Act, 1954.

64.

Amendment of Bail Act, 1997.

65.

Effect of Act and transitional provisions.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Text in the English LANGUAGE OF THE Convention drawn up on the basis of Article K.3 OF THE Treaty ON European Union, on the protection of the European Communities' financial interests done at Brussels ON 26 July 1995

SCHEDULE 3

Text in the Irish language of the Convention drawn up on the basis of Article K.3 of the Treaty ON European Union, on the protection of the European Communities' financial interests done at Brussels ON 26 July 1995

SCHEDULE 4

Text in the english language of the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union TO THE Convention on the protection of the European Communities' financial interests done at Brussels ON 27 September 1996

SCHEDULE 5

Text in the Irish language of the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union to the Convention on the protection of the European Communities' financial interests done at Brussels ON 27 September 1996

SCHEDULE 6

Text in the English language of the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests done at Brussels on 29 November 1996

SCHEDULE 7

Text in the Irish language of the Protocol drawn up on the basis of Article K.3 OF THE Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests done at brussels on 29 November 1996

SCHEDULE 8

Text in the English language of the Protocol drawn up on the basis of Article K.3 OF THE Treaty on European Union, to the Convention on the protection of the European Communities' financial interests done at Brussels on 19 June 1997

SCHEDULE 9

Text in the Irish language of the Protocol drawn up on the basis of Article K.3 OF THE Treaty on European Union, to the Convention on the protection of the European Communities financial interests done at Brussels on 19 June 1997


Acts Referred to

ACC Bank Acts, 1978 to 2001

Bail Act, 1997

1997, No. 16

Building Societies Act, 1989

1989, No. 17

Central Bank Act, 1971

1971, No. 24

Central Bank Act, 1997

1997, No. 8

Coinage Offences Act, 1861

24 & 25 Vict., c. 99

Continental Shelf Act, 1968

1968, No. 14

Credit Union Act, 1997

1997, No. 15

Criminal Evidence Act, 1992

1992, No. 12

Criminal Justice Act, 1951

1951, No. 2

Criminal Justice Act, 1984

1984, No. 22

Criminal Justice Act, 1994

1994, No. 15

Criminal Justice (Miscellaneous Provisions) Act, 1997

1997, No. 4

Criminal Justice (Public Order) Act, 1994

1994, No. 2

Criminal Law (Jurisdiction) Act, 1976

1976, No. 14

Criminal Procedure Act, 1967

1967, No. 12

Debtors (Ireland) Act, 1872

35 & 36 Vict., c. 57

Defence Act, 1954

1954, No. 18

Ethics in Public Office Act, 1995

1995, No. 22

European Communities Acts, 1972 to 1998

Extradition Act, 1965

1965, No. 17

Falsification of Accounts Act, 1875

38 & 39 Vict., c. 24

Forgery Act, 1861

24 & 25 Vict., c. 96

Forgery Act, 1913

3 & 4 Geo. 5, c. 27

Gaming and Lotteries Act, 1956

1956, No. 2

Larceny Act, 1861

24 & 25 Vict., c. 96

Larceny Act, 1916

6 & 7 Geo. 5, c. 50

Larceny Act, 1990

1990, No. 9

Married Women's Status Act, 1957

1957, No. 5

Official Secrets Act, 1963

1963, No. 1

Police (Property) Act, 1897

Ch. 30

Road Traffic Act, 1961

1961, No. 24

Sale of Goods Act, 1893

56 & 57 Vict., c. 71

Summary Jurisdiction (Ireland) Act, 1862

24 & 25 Vict., c. 50

Taxes Consolidation Act, 1997

1997, No. 39

Trustee Savings Banks Acts, 1989 and 2001

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Number 50 of 2001


CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT, 2001


AN ACT TO AMEND THE LAW RELATING TO STEALING AND RELATED OFFENCES AND THEIR INVESTIGATION AND TRIAL; TO GIVE THE FORCE OF LAW TO PROVISIONS OF THE CONVENTION ON THE PROTECTION OF THE EUROPEAN COMMUNITIES' FINANCIAL INTERESTS DONE AT BRUSSELS ON 26 JULY 1995 AND THE THREE PROTOCOLS TO THAT CONVENTION; AND TO PROVIDE FOR CONSEQUENTIAL AND RELATED MATTERS. [19th December, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: