I. – Any employee of :
1° of a credit institution, La Poste, an electronic money institution, a payment institution, one of their agents, a person referred to in Article L. 525-8 or a bureau de change, fails to withdraw from circulation, prior to issuing euro banknotes received from the public, banknotes which he has sufficient reason to believe to be counterfeit;
An employee who can prove that he has carried out the checks and complied with the procedures for withdrawing notes from circulation provided for in Article R. 122-5, in accordance with the internal written rules adopted by the establishment to which he reports, or an employee whose establishment has not drawn up such rules, is not criminally liable for the offence defined in 1°;
2° A credit institution, La Poste, an electronic money institution, a payment institution, one of their agents or a person referred to in Article L. 525-8, knowing that his employer or, in the case of the employee of an agent or a person referred to in Article L. 525-8, his employer’s principal, has not signed an agreement with the Banque de France, to use euro banknotes that have not been drawn directly from a Eurosystem central bank to supply a self-service ATM;
3° From a manual changer, to supply a self-service currency exchange machine with euro banknotes that have not been drawn from a credit institution, post office, electronic money institution or payment institution;
4° A credit institution, La Poste, an electronic money institution, a payment institution, one of their agents, a person referred to in Article L. 525-8 or a service provider carrying out euro coin processing operations on their behalf and for their account on a professional basis, to deliver euro coins to one of the aforementioned persons in the knowledge that they have not first been sorted and checked using equipment that meets the requirements of Regulation (EU) No. 1210/2010 referred to in Article R. 121-3 ;
5° A credit institution, La Poste, an electronic money institution, a payment institution, one of their agents, a person mentioned in Article L. 525-8, a service provider carrying out professional processing of euro notes or coins in their name and on their behalf, or a manual changer, not to hand over to the Banque de France or to the public institution La Monnaie de Paris euro notes or coins which they have sufficient reason to believe to be counterfeit;
Employees who can prove that they have carried out the checks and complied with the procedures for prompt delivery set out in Article R. 123-1, in accordance with the internal written rules adopted by the establishment to which they report, or employees whose establishment has not drawn up such rules, are not criminally liable for the offence defined in 5°.
II. – The provisions of 1°, 3° and 5° of I are applicable to any person who, in any capacity whatsoever, is responsible for the management or administration of a manual currency exchange business and who, through a personal act, commits one of the offences provided for in these articles.
III. – The same penalties shall apply to any person charged in any capacity with the management or administration of :
1° A credit institution, La Poste, an electronic money institution, a payment institution or a manual foreign exchange firm, failing to draw up the internal written rules and procedures provided for in Article R. 122-6 ;
2° A credit institution, La Poste, an electronic money institution, a payment institution, a service provider processing euro banknotes and coins in their name and on their behalf, or a manual foreign exchange business, failing to establish the internal written rules and procedures provided for in Article R. 123-1;
3° A credit institution, La Poste, an electronic money institution or a payment institution, failing to inform its employees of the absence of an agreement with the Banque de France in accordance with I of Article R. 122-10;
4° A manual foreign exchange business, allowing self-service foreign exchange machines to be supplied with euro notes that have not been drawn from a credit institution, post office, electronic money institution or payment institution;
5° A credit institution, La Poste, an electronic money institution, a payment institution, or a service provider referred to in Article R. 121-4, for failing to inform its employees of the absence of equipment that meets the requirements of Regulation (EU) No. 1210/2010 referred to in Article R. 121-3, within the entity where they perform their duties when the latter delivers euro coins to other establishments with a view to issuing them to the public;
IV. – Legal entities held criminally liable, under the conditions set out in Article 121-2 of the French Criminal Code, for the offences defined in I, II and III of this article shall be liable, in addition to a fine in accordance with the procedures set out in Article 131-41 of the French Criminal Code, to confiscation of the item used to commit the offence or of the item that is the product of the offence.
V. – Repeated offences under this article are punishable in accordance with articles 132-11 and 132-15 of the Criminal Code.
VI. – The provisions of the third paragraph of article 442-13 of the French Penal Code are applicable.