Section 232 StGB in Austria: counterfeit money, passing on, intent, house searches and first steps in criminal proceedings.
Mag. Christopher Angerer, Rechtsanwalt
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Counterfeit money allegations do not arise only from professional production. Receiving, keeping or passing on banknotes can also be reviewed in criminal proceedings if knowledge and intent are alleged. Section 232 StGB concerns money in the narrow sense.
This post explains from a legal perspective how counterfeiting must be separated from fraud and offences involving cashless payment instruments, which evidence matters and what should be done before a statement.
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For Section 232 StGB money, origin, knowledge and passing on must be separated.
Where counterfeit money is alleged, the precise file content matters. Do not explain the facts before you know which act, period and evidence are relied on.
From a legal perspective the first step is file inspection and a structured review.
Several persons may have been involved in decisions, documents or communication. Responsibilities and knowledge must be reconstructed before a statement is made.
From a legal perspective personal conduct and organisational background must be kept separate.
Documents, messages and payment records can be incriminating or exculpatory. They should be secured in their original context and not selectively presented.
The overall picture is decisive.
Before an interview, complaint or data disclosure, the file and the exact allegation should be known. Silence, written response and evidentiary requests are different tools.
Choose the next step only after legal review.
Section 232 StGB concerns counterfeit money. Depending on the case, the allegation may involve making, altering, receiving or putting false or altered money into circulation.
The offence must be separated from fraud and from offences concerning cashless payment instruments. A payment card or payment data is a different object from banknotes or coins.
From a legal perspective knowledge, intent, origin and the concrete act of passing on are central.
Important evidence includes seized banknotes, serial numbers, expert reports, wallets, video recordings, chat messages, handover locations and payment paths.
A search may concern devices, printing material or communication data. That does not automatically prove production or knowledge of passing on.
Exculpatory evidence may include origin explanations, witnesses and complete payment paths. It should be secured early.
Accused persons should not quickly explain where banknotes came from. An imprecise explanation may later look like a defensive story.
Affected shops or private persons should document place, time, persons involved and available camera or register data.
From a legal perspective the distinction from fraud, forfeiture and confiscation is important when money or objects were seized.
Before a statement, clarify whether production, receipt or passing on is alleged. These variants have different defence points.
If items were seized, protocols, reasons and affected objects should be reviewed carefully.
Anyone who has received counterfeit money should not pass it on or test it privately. The event should be documented and handled in an orderly legal way.
The analysis starts with the object, knowledge and concrete conduct.
| Point | Meaning | First check |
|---|---|---|
| Money | Banknote or coin | What was seized? |
| Origin | Discovery or handover | How did it reach the person? |
| Knowledge | Intent issue | When was falsity recognised? |
| Conduct | Receipt or passing on | What is concretely evidenced? |
Important: Do not pass on counterfeit money and do not delete messages about its origin. Document place of discovery, handover and persons involved.
The offence concerns money in the narrow sense. Depending on the case, making, altering, receiving or passing on may be at issue.
Not automatically. Origin, knowledge, intent and concrete conduct must be assessed from the file.
Stay calm, check the record and do not improvise a statement. File inspection and evidence preservation are the next steps.
In criminal matters every hour counts. Call us directly or send an email, callback within one business day, earlier in urgent cases.
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