According to the relevant provisions of Articles 14, 103 and 107 of the People's Republic of China (PRC) Negotiable Instruments Law:
Article 14 The items recorded on a negotiable instrument shall be true and shall not be forged or altered. Whoever forges or alters the signature and other recorded items on a bill shall bear legal responsibility.
Article 104 Any staff member of a financial institution who neglects his duty in bill business and accepts, pays or guarantees bills in violation of the provisions of this Law shall be punished; If heavy losses are caused and a crime is constituted, criminal responsibility shall be investigated according to law.
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criminal law
Article 194 Crime of bill fraud
Article 194 Whoever commits financial bill fraud under any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(1) knowingly using forged or altered bills of exchange, promissory notes or checks;
(2) knowingly using bills of exchange, promissory notes or checks that are invalid;
(3) fraudulently using other people's bills of exchange, promissory notes or checks.
(four) issuing a bad check or a check that is inconsistent with its reserved seal to defraud property;
(5) The drawer of a bill of exchange or a promissory note issues a bill of exchange or a promissory note without capital guarantee, or makes false records when issuing a bill of exchange or a promissory note to defraud property.
Second, what is the legal effect of forged bills?
Article 14 of China's negotiable instrument law stipulates: "The items recorded on a negotiable instrument shall be true and shall not be forged or altered. Whoever forges or alters the signature and other recorded items on a bill shall bear legal responsibility. If there is a forged or altered signature on the bill, it will not affect the validity of other true signatures on the bill. "
(a) Impact on the forged person
If the forged person really exists in reality, there will be the problem of the validity of the forged person. Bill is a literal guarantee. The forged person did not sign the bill of exchange, nor did he authorize the forger to sign on his behalf or on his behalf. According to the signature rules, the person who does not sign is not liable for the bill. Therefore, the person whose signature is forged does not bear any bill responsibility.
(2) Influence on forgers
A forger forges a signature, not in his own name, and his signature does not appear on the bill, so his forged bill or signature is invalid, and the forger is not responsible for the bill. However, Articles 103, 104 and 107 of China's Negotiable Instruments Law respectively stipulate the criminal responsibility, administrative responsibility and civil responsibility that the counterfeiter should bear. The criminal law also makes specific provisions on the crime of forging securities. It should be noted that bill liability and forged bill liability are two different things.
(3) The effect of the direct heir of forged endorsement on the endorser.
In the circulation of bills, it is difficult for the indirect parties to know whether the signatures of others are true or forged, but the direct parties should know. In order to ensure the security of the bill, the successor should be responsible for the authenticity of its direct endorsement, and the successor should be responsible for ensuring that the signature of the predecessor is true rather than forged. Otherwise, it shall bear corresponding civil liabilities.
The above is the answer "How many years is the criminal responsibility for forging or altering bills?" I believe that everyone has a general understanding of the crime of bill fraud through the above knowledge. If you are unfortunate enough to encounter some complicated legal problems, we also provide you with professional lawyer online consulting services. You are welcome to consult again.