I. – The persons referred to in article 65 quater who make available the software or cash register systems referred to in the same article 65 quater shall be liable to a fine where such software, systems or technical interventions are designed to enable the commission of one of the offences referred to in articles 414, 414-2, 415 and 459, by modifying, deleting or otherwise altering a record stored or kept by means of an electronic device, without preserving the original data.
The fine provided for in the first paragraph of this I also applies to distributors of these products who knew or could not have been unaware that these products had the characteristics mentioned in the same first paragraph.
The fine incurred is 15% of the turnover generated by the marketing of such software or cash register systems or the services provided, corresponding to the year in which the fine is imposed and the five preceding years.
Application of the fine provided for in this I excludes those provided for in articles 1770 undecies and 1795 of the General Tax Code in respect of the same software, systems or services and the same turnover.
II. – The persons referred to in I are jointly and severally liable for the payment of the recalled duties corresponding to the use of this cash register software and systems charged to companies that have committed the offences referred to in articles 414, 414-2, 415 and 459 of this Code and that have used these products in the course of their business.