Counterfeiting Foreign Currency and Extraterritorial Criminal Liability
Mr. Mung, of Chinese nationality, committed the offense of counterfeiting Thai government banknotes. The Chinese authorities apprehended Mr. Mung and the People’s Republic of China Court issued a final judgment sentencing him to imprisonment for one year. Upon serving this sentence, Mr. Mung escaped from prison in the People’s Republic of China and remained in Thailand for approximately five months, during which time he further produced counterfeit United States dollar banknotes within the country. Thai police apprehended Mr. Mung, and the Prosecutor filed charges against him for counterfeiting Thai government banknotes in the People’s Republic of China and for counterfeiting United States dollar banknotes in Thailand. The court will determine the appropriate penalty to be imposed on Mr. Mung for these offenses. Mr. Mung’s act of counterfeiting Thai government banknotes in the People’s Republic of China constituted the forgery of currency as defined in Section 240 of the Criminal Code, and he must be punished within the Kingdom according to the Criminal Code for offenses committed abroad. Although Mr. Mung received punishment for this offense in the People’s Republic of China under Section 7(2), he remains subject to penalties no less than those prescribed for the offense, considering the punishment he has already received under Section 1 of the Criminal Code. Mr. Mung’s act of counterfeiting United States dollar banknotes in the United States, constituting the forgery of currency issued by foreign governments as defined in the Criminal Code, constitutes a criminal offense within the Kingdom. Therefore, Mr. Mung must be punished in the Kingdom according to the Criminal Code, Section 247, with penalties prescribed in Section 240 of the Criminal Code.
Mr. Samsak is an employee of a bank, responsible for accepting and withdrawing funds.