Electronic Payment Instrument as an Object of Articles 214 and 215 of the Penal Code
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Abstract
Articles 214 and 215 of the Criminal Code provide the responsibility for illegal disposal of an electronic payment instrument. The concept of an electronic payment instrument is defined in the Lithuanian law as well as in the European Union law. Thus, some uncertainties arise in criminal law theory and practice. The concepts of an electronic payment instrument under Lithuanian law, European Union law and practice, features and examples are analysed in this article.
An electronic payment instrument has a few features: it must be material; it must have a special purpose – to make non-cash settlements. Furthermore, the mechanism of payment performance must be taken into account. Credit cards are the most common electronic payment instruments in Lithuania. There are a lot of types of cards, but not all cards are credit cards. There exist three different types of cards. The first type consists of cards the purpose of which is to settle for goods or facilities. Two types of these cards are well-known: credit and debit cards.
Credit cards are, for example, international “Visa”, “Mastercard”, “American express” or domestic “Ego” issued by Hansabankas. Debit cards are “Visa electron”, “Maestro Cirrus”. Arguably, these types of cards are the object of Articles 214 or 215 of the CC. The second type consists of cards the purpose of which is to obtain discounts at payment places. These types of cards are released by traders or shopping centres and they cannot be recognized as an object of Articles 214 or 215 of the CC. The third type are cards which have the features of the two abovementioned types. Whether they are an object of Articles 214 or 215 of the CC depends on the purpose which led the owner to obtain them. If the purpose is to make a settlement, then they can be the object of these crimes, otherwise – they cannot.
Only unlawful disposal of an electronic payment instrument can be recognized as a crime. If it is found out that a third person had disposed of an electronic payment instrument with a lawful holder’s knowledge for the use of a definite amount of money or the acquisition of goods, there is no crime in these acts.
An electronic payment instrument has a few features: it must be material; it must have a special purpose – to make non-cash settlements. Furthermore, the mechanism of payment performance must be taken into account. Credit cards are the most common electronic payment instruments in Lithuania. There are a lot of types of cards, but not all cards are credit cards. There exist three different types of cards. The first type consists of cards the purpose of which is to settle for goods or facilities. Two types of these cards are well-known: credit and debit cards.
Credit cards are, for example, international “Visa”, “Mastercard”, “American express” or domestic “Ego” issued by Hansabankas. Debit cards are “Visa electron”, “Maestro Cirrus”. Arguably, these types of cards are the object of Articles 214 or 215 of the CC. The second type consists of cards the purpose of which is to obtain discounts at payment places. These types of cards are released by traders or shopping centres and they cannot be recognized as an object of Articles 214 or 215 of the CC. The third type are cards which have the features of the two abovementioned types. Whether they are an object of Articles 214 or 215 of the CC depends on the purpose which led the owner to obtain them. If the purpose is to make a settlement, then they can be the object of these crimes, otherwise – they cannot.
Only unlawful disposal of an electronic payment instrument can be recognized as a crime. If it is found out that a third person had disposed of an electronic payment instrument with a lawful holder’s knowledge for the use of a definite amount of money or the acquisition of goods, there is no crime in these acts.
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Please see Copyright and Licence Agreement for further details.
